Federal Updates
HHS Updates Provider Relief Fund Reporting Requirements and Eligibility
On October 22nd, the Department of Health and Human Services (HHS) issued an announcement (availablehere) making changes to the reporting requirements and eligibility requirements for the General Distribution of the Provider Relief Fund (PRF). First, HHS is amending the PRF reporting requirements that were released September 19th to allow providers to use funds to cover all lost revenue from patient care (i.e., any decrease year-over-year from 2019), even if the provider’s operating income from patient care would increase year-over-year. Previously, HHS limited providers to use funds to reimburse lost revenues only up to their 2019 operating income from patient care (i.e., patient care revenues less expenses). As such, this will add flexibility for organizations who have experienced a decrease in expenses.
Second, the current Phase 3 application is now open to a wider variety of providers even if they do not accept Medicaid or Medicare, including the following:
- Behavioral Health Providers;
- Allopathic & Osteopathic Physicians;
- Dental Providers;
- Assisted Living Facilities;
- Chiropractors;
- Nursing Service and Related Providers;
- Hospice Providers;
- Respiratory, Developmental, Rehabilitative and Restorative Service Providers;
- Emergency Medical Service Providers;
- Hospital Units;
- Residential Treatment Facilities Laboratories;
- Ambulatory Health Care Facilities;
- Eye and Vision Services Providers;
- Physician Assistants & Advanced Practice Nursing Providers;
- Nursing & Custodial Care Facilities; and
- Podiatric Medicine & Surgery Service Providers.
Providers may submit Phase 3 applications through November 6th.
HHS Expands Authorizations for Pharmacy Techs/Interns to Provide COVID-19 Tests and Vaccines
On October 21st, HHS issued new guidance (available here) that clarifies and expands previous guidance (covered in SPG’s September 10th newsletter) authorizing pharmacists and pharmacy interns under the supervision of a pharmacist to administer vaccines, including a COVID-19 vaccine when available, pre-empting state or local laws.
Under the expanded guidance, qualified pharmacy technicians will also be eligible to administer a COVID-19 vaccine or childhood vaccines, under a pharmacist’s supervision. Additionally, both pharmacy technicians and pharmacy interns will also be authorized to administer COVID-19 tests that have been cleared by the Food and Drug Administration (FDA). Finally, the guidance clarifies that technicians and interns must be authorized by the State in which they operate in, but the authorization need not take the form of a licensure or registration.
New York State Updates
DOH and OPWDD Release “Cluster Zone” Guidance to Providers
On October 23rd, the New York State Department of Health (DOH) released a health advisory (available here) establishing new limits on visitation for any residential congregate facilities located in “red” or “orange” cluster zones as part of the State’s COVID-19 Cluster Action Initiative. The visitation limitations are in effect starting October 25th and will last for as long as the zone in which the facility is located continues to be designated red or orange. Unless superseded by the guidance, all other state agency guidance and policies with respect to visitation remain in effect.
In red zones, all visitation is suspended in residential congregate facilities except for the following instances:
- Compassionate care (including end of life/hospice situations);
- Medically or clinically necessary (i.e. visitor is essential to patient’s care);
- Accompaniment of minor in a pediatric facility;
- Labor/deliver/postpartum care;
- Necessary legal representatives; and
- Essential companions for individuals with intellectual and/or developmental disabilities or with cognitive impairments, including dementia.
In orange zones, visitation is suspended at residential congregate facilities if a staff member or resident in the facility has tested positive for COVID-19 in the last 14 days, with the exception of the instances listed above.
Also on October 23rd, the Office for People with Developmental Disabilities (OPWDD) released interim guidance for designated cluster mitigation and oversight (available here). The guidance requires that programs and facilities certified or operated by OPWDD located within designated cluster zones immediately adhere to the following additional mitigation and oversight measures:
- Site-based day services in red and orange zones will be temporarily suspended.
- Community-based group services in red zones will be suspended, and those in orange zones will have a 10-person limit on capacity (inclusive of individuals and staff).
- Non-group, non-site-based services in red and orange zones will have reduced capacity.
- Residential facilities will be open, but visitation will be suspended in accordance with DOH guidance above.
OPWDD will notify providers operating programs in the designated cluster areas to ensure they are aware of the higher risk and are taking appropriate precautions. Providers offering services within designated cluster areas will be required to refer and encourage/facilitate weekly COVID-19 testing of staff and individuals receiving services.
Updated Testing and Specimen Collection Guidance
The following additional New York State guidance document has been recently updated to include information on antigen tests, updated antibody test fee-for-service rates, and billing guidance specific to skilled nursing facilities and Certified Home Health Agencies (CHHAs).