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Medical Rehab

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In response to President Trump’s declaration of a National Emergency on March 13, 2020, the Centers for Medicare and Medicaid Services (CMS) issued blanket emergency waivers (known as 1135 waivers) to certain Medicare regulations that include rules for post-acute care (PAC) providers. Included in these post-acute waivers:

Inpatient Rehabilitation Facilities (IRFs):
Waiver of 60 Percent Rule: CMS is waiving requirements to allow IRFs to exclude patients from the hospital’s or unit’s inpatient population for purposes of calculating the 60 percent rule, if an IRF admits a patient solely to respond to the emergency and the patient’s medical record properly identifies the patient as such. CMS will also, during the applicable waiver time period, apply the exception to facilities not yet classified as IRFs, but that are attempting to obtain classification as an IRF.

Acute Care Patients in IRF Units: CMS is waiving requirements to allow acute-care hospitals to house acute-care inpatients in excluded distinct part units, where the distinct part unit’s beds are appropriate for acute-care inpatient. The Inpatient Prospective Payment System (IPPS) hospital should bill for the care and annotate the patient’s medical record to indicate the patient is an acute-care inpatient being housed in the excluded unit because of capacity issues related to the disaster or emergency.

Rehabilitation Patients in Acute Care Beds: CMS is waiving requirements to allow acute-care hospitals with excluded distinct part inpatient rehabilitation units that, as a result of a disaster or emergency, need to relocate inpatients from the excluded distinct part rehabilitation unit to an acute-care bed and unit. The hospital should continue to bill for inpatient rehabilitation services under the inpatient rehabilitation facility prospective payment system (IRF PPS) for such patients and document in the medical record to indicate the patient is a rehabilitation inpatient being cared for in an acute-care bed because of capacity or pressing circumstances related to the disaster or emergency.

Skilled Nursing Facilities (SNFs): CMS is waiving the requirement for a 3-day prior hospitalization for coverage of a skilled nursing facility (SNF) stay. CMS is also providing relief to SNFs on the timeframe requirements for Minimum Data Set (MDS) assessments and transmission.

Home Health Agencies: CMS made adjustments to the timeframes for Home Health Agencies for OASIS transmissions. In addition, Medicare Administrative Contractors (MACs) have been granted permission to extend the auto-cancellation date for Requests for Anticipated Payment (RAPs) during emergencies.

CMS also made it clear that they will accept and review provider-specific requests for relief on a case-by-case basis and have provided additional information regarding how to apply for a waiver.

Harrisburg, PA – To help make the public aware of COVID-19 preparedness and procedures, the Wolf Administration has created a library of free outreach materials for businesses, organizations, and anyone interested in displaying important messaging on COVID-19.

The materials are available at PAcast.

“The goal is for everyone to have access to and be encouraged to share the information important to stopping the spread of COVID-19,” Gov. Wolf said. “Please help us share awareness while using caution and protecting yourself.”

Posters are available in multiple sizes and every Pennsylvanian is encouraged to make them accessible to their community of friends, community or religious group members, and business associates to print and post. The administration also expects the posters to be available in newspapers across the state for residents to tear out and post throughout their communities.

Properly sized graphics are available at PAcast for social media. Gov. Wolf also encourages everyone to make use of COVID-19 social media content on the Pennsylvania Department of Health’s Facebook and Twitter pages.

The most up-to-date information, including video graphics, footage of all of the governor’s press conferences and b-roll, is also available at 08PAcast. Additional materials will be added to the library as they become available and as the situation evolves.

MEDIA CONTACT: Lyndsay Kensinger, 717-783-1116

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The Wage and Hour Division (WHD) provides information on common issues employers and employees face when responding to influenza, pandemics, or other public health emergencies, and their effects on wages and hours worked under the Fair Labor Standards Act, and job-protected leave under the Family and Medical Leave Act.

Use this link to view the recently posted guidance on WHD’s website.

Also, the Department issued a press release with links to this guidance, as well as guidance from OSHA and OWCP.

Over the past several days, RCPA has been in contact with numerous DHS and Department officials to brainstorm issues and ideas in this time of crisis. There have been some emergency relief efforts already released (e.g., ODP, OCYF), and there are no doubt more to come from other departments.

Many providers have also brought their ideas to RCPA and we have, in turn, incorporated them in submissions to DHS.

Most importantly, we are emphasizing the following:

  • This is not “business as usual.” If there was ever a time to put aside standard rules and operations, it is now.
  • The Governor has declared this an “emergency.” So let’s take emergent action.
  • Waive rules around alternative ways to reach out to individuals, such as paying for all telehealth and telephonic contact.
  • Implement alternative payment mechanisms (e.g., via BH-MCOs) to allow providers to do what is necessary to outreach to individuals and keep them engaged.
  • Understand that if traditional services decrease (e.g., program closures, increased no- shows), then billable units disappear along with cash flow. Measures need to be taken immediately to ensure that agencies are solvent and services – even non-traditional – are available for consumers.

We are also urging as streamlined an approval process as possible. It is a fluid situation and we cannot wait days, let alone weeks, to discuss these ideas.

If any providers have specific ideas or suggestions, please reach out to RCPA and we can, in turn, bring them forward. We are hopeful that our discussions with DHS will lead to some creative and critically needed solutions.

While we all know there are times when interactive, in-person discussions are preferable, we also understand the sensitivity required at this time and want to take proper precautions, to help protect our members and those you serve. In light of the current situation, RCPA is eliminating in-person meetings for the month of March, and will be offering them all exclusively via webcast or conference call. We will make sure that participants will still have the opportunity to ask questions, comment, etc.

PLEASE NOTE:
Webcast/conference call instructions will be sent 24 hours before each meeting. If you already registered, no action is needed.

As everyone is doing, we are also monitoring instructions received from such sources as the PA Department of Health. Please let us know if you have any questions. RCPA will continue to keep you all informed of any developments as they come about. Thank you for your continued flexibility and understanding.

GoToMeeting is offering emergency licenses to help people to work from home:

Free Emergency Remote Work Kits for Health Care Providers, Educational Institutions, Municipalities, & Nonprofit Organizations
Starting immediately, we will be offering our critical front-line service providers with free, organization-wide use of many LogMeIn products for 3 months through the availability of  Emergency Remote Work Kits.

These kits will include solutions for meetings and video conferencing, webinars and virtual events, IT support and management of remote employee devices and apps, as well as remote access to devices in multiple locations. For example, the “Meet” Emergency Remote Work Kit will provide eligible organizations with a free site-wide license of GoToMeeting for 3 months. Eligible organizations include health care providers, educational institutions, municipalities, and nonprofit organizations.

Additionally, we have learned that Clocktree.com is a HIPAA compliant telehealth platform that is also offering a free 90-day trial membership.

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On March 6, 2020, the Centers for Medicare and Medicaid Services (CMS) issued Frequently Asked Questions (FAQs) for health care providers, regarding Medicare payment for laboratory tests and other services associated with the 2019-Novel Coronavirus (COVID-19). Some of the information included in this FAQ document includes:

  • Guidance on how to bill and receive payment for testing patients at risk of COVID-19;
  • Details of Medicare’s payment policies for laboratory and diagnostic services, drugs, and vaccines under Medicare Part B, ambulance services, and other medical services delivered by physicians, hospitals, and facilities accepting government resources; and
  • Information on billing for telehealth or in-home provider services.

For additional up-to-date information on the COVID-19, please refer to CMS’ Current Emergencies web page.

The Department of Human Services (DHS) is working closely with the Pennsylvania Department of Health (DOH) to ensure preparations for a response to a possible Coronavirus (COVID-19) outbreak in the state and as a result, has issued a Health Alert with pertinent information. DOH is the lead agency for the Commonwealth’s response to COVID-19. At the time of this dissemination, Pennsylvania has zero confirmed cases of COVID-19.

Again, DHS is supporting DOH in the disseminating of information related to COVID-19 and all guidance is provided by, and should be sought through, DOH.

All providers are encouraged to:

  1. Review internal infection control protocols and emergency backup plans for events in which a provider does not have adequate staffing to meet individuals’ health and safety needs.
  2. Evaluate staff adherence to provider infection control protocols.
  3. Evaluate capacity to implement emergency backup plans in the event staffing is impacted by the COVID-19 virus.

While COVID-19 is raising international concern, it presents an opportunity to evaluate preventative infection control measures. Medically fragile individuals, those in congregate settings, and the staff that support/interact with them are all at increased risk for infections of all kinds, not just COVID-19. As always, the best response is prevention and the best prevention is good infection control.

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On Thursday, March 5, 2020, the Centers for Medicare and Medicaid Services (CMS) will conduct a call to provide information about the May 2019 expansion of the Qualified Independent Contractor (QIC) Telephone Discussion and Reopening Process Demonstration. This expansion now includes Part A providers that submit second level claim appeals (reconsiderations) to C2C Innovative Solutions, Inc. (the Part A East QIC). Topics of discussion will include benefits, who can participate, and how to participate. A question and answer session will follow the presentation. Attendees may send questions in advance via email. Please include “Appeals Demonstration” in the subject line. Additional information can be obtained from the Original Medicare Appeals web page. Members interested in participating in the call must register in advance.