State Updates
Governor Cuomo Announces Possible Plateau in COVID-19 Hospitalizations and Deaths
Today (April 6th), during Governor Cuomo’s COVID-19 press conference, the Governor announced that the death rate from COVID-19 has been effectively flat for the last two days in New York State, and the numbers of new hospitalizations and intubations have decreased. Tentative new modeling indicates that the peak of hospital utilization may be closer to 20,000 beds than the original or revised projections of up to 110,000 beds, indicating that New York may now be at or approaching the apex of the COVID-19 outbreak ahead of projections, and at a lower level. However, current initiatives to shift equipment among hospitals based on need and enforce strict social distancing will remain in place to ensure that this progress is not reversed.
The Governor announced that “NY PAUSE” social distancing requirements would remain in effect through April 29th, and the State will be increasing the maximum fine for violations of social distancing protocol from $500 to $1,000. The Governor also said that he would ask the federal government for approval to transition the USNS Comfort from a non-COVID-19 treatment facility to one that treats patients with COVID-19 to further relieve pressure on downstate hospitals. The Javits Center received similar approval from the federal government to begin treating COVID-19 patients last week.
Over the weekend, the Governor also announced that he will be issuing an Executive Order that will allow medical students who are slated to graduate to begin practicing immediately to help with the State’s surge health care force. The Governor also announced donations from charitable foundations, private corporations, and states of surgical masks, KN95 masks, goggles, and ventilators.
The Governor’s press release is available here.
New Website Provides Public with Comprehensive New York State COVID-19 Data
The New York State DOH has launched a new website (available here) to provide comprehensive COVID-19 data to the public. The website will be updated daily with the latest testing and fatality data. The tool provides visualizations of statewide and county-level testing, results over time and the ability to see demographic data.
Updated New York State Guidance Documents
Over the last week, New York State agencies have released additional COVID-19 guidance documents. A compilation of documents we have not previously reported is below:
- Options when Personal Protective Equipment (PPE) is in Short Supply or Not Available
- DOH Guidance for Resident and Family Communication in Adult Care Facilities and Nursing Homes
- DOH Guidance for Inpatient, Rehabilitation, and Skilled Nursing Facilities and Other Health Care Providers on Suspension of Health Plan Utilization Review Requirements
- DOH Health Advisory for Nursing Homes on CMS 1135 Waivers to Address Workforce and Facilities
- OMH Guidance for RTF Provider Treatment Planning Standards
Federal Updates
CMS Provides Guidance for Processing ASC Attestations
On April 3rd, CMS posted guidance for processing attestations from Ambulatory Surgical Centers (ASCs) which are enrolling as hospitals during the COVID-19 Public Health Emergency (PHE). The guidance outlines the steps for processing attestations and certification kits for existing Medicare certified ASCs that choose to temporarily enroll as a hospital during the COVID-19 PHE to help address the need to increase hospital capacity. The guidance is available here.
HHS OIG to Answer Stark Law and CMP Questions from Health Care Community
On April 3rd, the HHS Office of the Inspector General (OIG) announced that the agency is accepting inquiries from the health care community regarding OIG’s administrative enforcement authorities, including the Federal anti-kickback statute and civil monetary penalty (CMP) provision. The announcement follows a number of blanket waivers released by CMS in response to the COVID-19 public health emergency.
Questions about how OIG would view a specific arrangement may be sent to OIGComplianceSuggestions@oig.hhs.gov. More information is available here.
CMS Releases Video on Medicare Telehealth Services
On April 5th, CMS released a video providing answers to common questions about the Medicare telehealth services benefit in light of its temporary expansion under the 1135 waiver authority and Coronavirus Preparedness and Response Supplemental Appropriations Act. The video is available here.