June 15th Newsletter - Sachs Policy Group

State Updates

Governor Cuomo Announces Continued Progress in Combatting the COVID-19 Pandemic, Additional Regions Entering Phase Three

Today (June 15^th), Governor Cuomo held a press conference during which he announced continued progress in combatting the COVID-19 pandemic in New York State. Over the weekend, New York State had the lowest three-day average of deaths since March 21^st (27 per day), which the Governor described as being as close to zero as can be expected for now. The Governor announced that for regions that are in or entering Phase Three of reopening, the State will now permit gatherings of up to 25 people (previously 10). Western New York is expected to enter Phase Three tomorrow, while the Capital District is expected to do so on Wednesday.

During his press conference over the weekend, the Governor announced that the State is extending the special enrollment period for the New York State of Health (NYSOH), the State’s health insurance marketplace, for an additional thirty days until July 15^th. The Governor also signed legislation (S.8245A/A.10517) requiring the New York State Department of Health (DOH) to conduct a study on the health impacts of COVID-19 in minority communities in New York State. The Governor’s press release is available here.

Updated Guidance on Resumption of Non-Essential Elective Surgeries and Non-Urgent Procedures

On June 14^th, DOH released updated guidance (available here) for hospitals, ambulatory surgery centers (ASCs), office-based surgery (OBS) practices, and diagnostic & treatment centers (DTCs) on the resumption of non-essential elective surgeries and non-urgent procedures. Statewide, all hospitals, ASCs, OBS practices, and DTCs may resume such surgeries and procedures, with no requirement for a waiver. The updated guidance:

No longer requires hospitals to meet the defined thresholds related to bed/ICU capacity and hospitalization rates to resume such procedures. However, hospitals should still monitor these metrics and make operational adjustments if needed.
Requires the hospital prioritization policy committee to address the prioritization of both inpatient and outpatient elective procedures and monitor the regional COVID-19 metrics.
Revises the requirement to administer a COVID-19 test to patients receiving elective surgeries or procedures from three days prior to such surgery or procedure to five days prior at hospitals, ASCs, OBS, and DTCs. The only exception to this requirement is a non-scheduled emergent procedure, where testing prior to surgery may not be feasible but before which screening and other precautions should still be taken.
Clarifies that hospitals and providers do not have to perform the test themselves and may accept an appropriate third-party test.
No longer requires hospitals to submit monthly data to DOH on the types and numbers of surgeries and procedures.
Provides additional guidance for the type of personal protective equipment (PPE) recommended when performing high risk (e.g., aerosolizing) procedures.

Updated New York State and City Guidance Documents

Recently released or updated New York State and City guidance documents include:

Federal Update

Hospital COVID-19 Inpatient Admissions Data for High-Impact Relief Funding Due Tonight

As a reminder, the deadline for hospital facilities to submit an updated number of COVID-19 positive inpatient admissions (from January 1^st through June 10^th) to the Department of Health and Human services is 9pm tonight, June 15^th. Hospitals must update this information in Teletracking to be considered for the second round of High-Impact Area funding through the CARES Act Provider Relief Fund.

Updated Federal Guidance Documents

Today, the Centers for Medicare and Medicaid Services (CMS) updated the COVID-19 emergency waivers document (available here). The primary new item is that CMS is delaying the requirement for hospitals to submit new or modified Medicare GME affiliation agreements from July 1^st (new) and June 30^th (modified) to October 1^st (either new or modified).

Additionally, the FAQs for the CARES Act Provider Relief fund (available here) have been updated as of June 13^th. Each funding pool’s Terms and Conditions included a notice that recipients of more than $150,000 in aid would have to submit a report on funds usage. The FAQ now states that “Recipients of Provider Relief Funding payments do not need to submit a separate quarterly report to HHS,” as HHS will handle reporting collectively on behalf of entities. However, HHS may require future reports related to recipients’ use of funds.