September 14th Newsletter

Governor Cuomo Announces $88.6 Million in Additional Child Care Funding; COVID-19 Status Still Stable

Today (September 14th), Governor Cuomo announced the 38th straight day during which less than 1 percent of COVID-19 tests statewide were returned positive. Yesterday, 63,358 test results were reported to the State, with 583 returning positive (0.83 percent). Hospitalizations, ICU occupancy, and deaths also remain stable and low. 

On September 10th, Governor Cuomo announced that an additional $88.6 million of funds provided through the CARES Act will be made available to support child care provision in response to COVID-19. The funds will be available for four purposes:

  • $20 million will be available to directly subsidize 14-week scholarships for the children of essential workers with income under 300% of the federal poverty level.
  • $20 million will be available for displaced school-based child care programs to rent new facilities. Each program will be eligible to receive $2,000 per month for four months.
  • $20 million will support grants to reopen child care programs that have closed due to COVID-19.
  • $28.6 million will provide child care providers with matching funds of up to 50% of the cost of opening a new classroom (up to $6,000).

More information, including the application, will be available this week at the Office of Children and Family Supports (OCFS) website here.

Governor Cuomo Issues Executive Orders 202.62 and 202.63

On September 11th, Governor Cuomo signed Executive Orders (EOs) 202.62 (available here) and 202.63 (available here). EO 202.62 directs the Metropolitan Transportation Authority (MTA) to create an enforcement plan for maintaining mask-wearing requirements on public transit downstate. EO 202.63 extends a set of previous directives that were last extended in EO 202.56 through October 11th. These directives are unchanged (a brief summary is available in SPG’s August 17th newsletter here).

CMS Updates Medicare FFS FAQs on NCDs

On September 11th, the Centers for Medicare and Medicaid Services (CMS) updated sections of the COVID-19 Frequently Asked Questions (FAQs) on Medicare Fee-for-Service (FFS) Billing document regarding National Coverage Determinations (NCDs) and Local Coverage Determinations (LCDs). The updated information includes the following:

  • CMS states that, in general, services and equipment furnished to patients must be reasonable and necessary. Standard written orders (SWO) and medical record documentation will be critical in demonstrating criteria to Medicare Administrative Contractors (MACs).
  • The flexibility granted to face-to-face and in-person encounters does not confer changes to the clinical indications of coverage for any LCD or NCD unless otherwise specifically indicated.
  • Coverage flexibilities in the April 6th and May 8th interim final rules with comment period regarding face-to-face requirements, direct supervision, and the lifting of certain clinical indications in NCDs or LCDs also apply to non-COVID-19 patients.
  • Only certain drugs can be infused at home, however, Durable Medical Equipment MACs may expand coverage for uses of external infusion pumps for drugs other than those listed in the indications in the infusion pump NCD and external infusion pump LCD if they make the determination that the use of the infusion pump itself is appropriate and necessary for administration of the drug in the patient’s home by the patient or caregiver, and that the drug itself is reasonable and necessary for the patient’s treatment.
  • Ventilator management services will be covered by Medicare if provided via telehealth.
  • CMS will not enforce the clinical indications for NCD for Continuous Positive Airway Pressure (CPAP) for obstructive sleep apnea (OSA), however, the medical record must show that CPAP was reasonable and necessary, and it must include information about how that determination was made in the absence of sleep testing.
  • On an interim basis, a Nurse Navigator can place an order for Lung Cancer Screening with Low Dose Computed Tomography after a phone interaction with a beneficiary.
  • Providers can prescribe a therapeutic continuous glucose monitor to all beneficiaries with diabetes for the duration of the COVID-19 PHE, regardless of their level of insulin dependence and the parameters of the existing LCDs, so long as documentation supports its being medically appropriate.

The FAQs are available here.

Updated Guidance and Upcoming Webinars

Recently released New York State and City guidance is listed below:

Additionally, the following webinars are being held:

  • Friday, September 18th at 1pm: (NYC DOHMH) Update on COVID-19: Behavioral Health and Suicide Prevention (registration here)
  • Thursday, September 24th at 2pm: (MCTAC) Text Messaging: Guidelines for Behavioral Health Providers (registration here)