CMS Issues COVID-19 Data Elements IFC
On October 6th, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (IFC) that lays out new regulatory requirements for all hospitals and critical access hospitals (CAHs) to report COVID-19 information during the PHE. The IFC updates a previous rule in response to COVID-19, which SPG summarized in its August 28th newsletter here. The updated IFC contains the following:
- The types of facilities that are required to report data;
- Reporting timing;
- Specific data elements that must be reported; and
- Information regarding the enforcement process for non-compliance.
On a conference call with reporters, CMS Administrator Seema Verma said that hospitals will be given 14 weeks to comply with the requirements before enforcement is implemented.
The IFC is available here. The enforcement workflow, showing potential termination from Medicare participation, is here.
HHS Announces Webinar and Updates FAQs on Phase 3 General Distribution
On October 15th at 3pm, HHS will hold an informational webinar on the recently announced Phase 3 General Distribution of the Provider Relief Fund (PRF). Registration for the webinar is available here.
HHS has also updated the General Distribution FAQs (available here) with new information on the Phase 3 (or Round 3) General Distribution, which will offer another $20 billion of PRF funding. Notable updates include information on:
- Payment methodology;
- Eligibility criteria;
- Application submission (for both single providers and parent entities applying on behalf of multiple subsidiaries);
- The Tax Identification Number (TIN) validation process;
- Definitions of relevant terms, such as “operating revenues from patient care” and “operating expenses from patient care,” which will be used to determine the amount of funding received through Phase 3; and
- Other financial information, such as what providers can include as “patient care” and how what they can include in calculating their lost revenue estimates.
HHS intends to issue Phase 3 General Distribution payments “as soon as practical” following the application deadline, but has not specified a date.
HHS Updates Targeted Distribution FAQs
The Department of Health and Human Services (HHS) continues to update the CARES Act Provider Relief Fund (PRF) Targeted Distribution FAQs. In an October 5thupdate, HHS clarified that payments from the Nursing Home Infection Control Distribution may be used to cover hiring expenses related to both recruiting new hires and the continued payment and retention of existing staff to provide patient care or administrative support.
The Targeted Distribution FAQs are available here.
Governor Cuomo Announces New Actions to Address COVID-19 Clusters
On October 6th, Governor Cuomo announced a new initiative to address COVID-19 hotspots in Brooklyn, Queens, Broome County, Orange County, and Rockland County. The new plan designates areas of concern based on available data as follows:
- Red zones represent the highest risk areas, with clusters of COVID-19 cases.
- Orange zones represent the surrounding areas, which are “warning areas” with populations overlapping those in red zones.
- Yellow zones represent peripheral areas, which are “precautionary areas.”
Red zones will have the most stringent restrictions on places of worship and other mass gatherings, businesses, dining, and schools. Orange zones will have slightly less stringent restrictions, including allowing lower-risk non-essential businesses to remain open. Yellow zones will have the loosest restrictions, and will allow schools to remain open. The State will also be increasing the fines for sponsors of mass gatherings to $15,000. These restrictions will be in effect for a minimum of 14 days.
The Governor’s press release is available here.
Governor Cuomo Issues Executive Order 202.68
On October 6th, Governor Cuomo signed Executive Order 202.68 (available here), which extends Executive Orders (EOs) 202.62 (available here) and 202.63 (available here) through November 5th. 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. These directives are unchanged (a brief summary is available in SPG’s August 17th newsletter here).
The Order also implements the cluster action initiative plan to address COVID-19 hotspots that the Governor announced yesterday (see above), including implementing fines for noncompliance and restricting activities based on zone designation.
Updated Guidance Documents
The following New York State guidance documents have been recently released or revised:
- OPWDD COVID-19 Program Flexibilities (10.5.20)
- Revised Assisted Outpatient Treatment FAQ (9.28.20)
SPG has updated its Directory of Guidance Documents accordingly.