Governor Cuomo Discusses Steady COVID-19 Status and DFS Action to Refund PPE Fees
Today (August 5th), Governor Cuomo announced that New York is continuing to maintain a steady and low rate of COVID-19 infections, with a total of 636 new cases (0.87% of 72,668 tests reported yesterday). Rates of hospitalizations and deaths remain low.
The Governor also announced that the Department of Financial Services (DFS) issued Circular Letter No. 14 (available here), which responds to reports that certain dental providers and other health care providers may have charged patients a fee for the use of personal protective equipment (PPE) during an in-person visit. The Circular Letter directs insurers to inform participating providers that they may not charge members any fees beyond their cost-sharing responsibility, including PPE fees, and that such fees, if charged, should be refunded to the member.
Governor Cuomo Signs Bill Amending Liability Protections for Health Care Providers
On August 3rd, Governor Cuomo signed into law a bill (A.10840/S.8835) to limit the liability protection offered to providers during the COVID-19 emergency by the Enacted Budget legislation. Effective immediately, liability protection will be available only to providers directly engaged in the diagnosis and treatment of COVID-19 cases, and when the care is impacted by COVID-19.
President Trump Issues Executive Order on Rural Health and Telehealth Access
On August 3rd, President Trump announced the issuance of an Executive Order entitled “Improving Rural Health and Telehealth Access.” The Order directs the Department of Health and Human Services (HHS) to take various actions to ensure financial sustainability of rural health care providers and to make aspects of temporary COVID-19expansions of access to telehealth in rural areas permanent. The order contains the following provisions:
- Within 30 days, HHS will announce a new 1115A model to test new payment mechanisms in rural areas which will offer “predictable financial payments.”
- Within 30 days, HHS, the Department of Agriculture, and the Federal Communications Commission will develop and implement a strategy to improve physical and communications health care infrastructure for rural Americans.
- Within 30 days, HHS will submit a report on existing and upcoming policy initiatives to improve various health outcomes in rural communities.
- Within 60 days, HHS will review temporary measures put in place during the COVID-19 PHE, including additional telehealth services offered to Medicare beneficiaries and the operational flexibilities for Medicare providers in rural areas. HHS will then propose a regulation to extend these measures, as appropriate, permanently.
The text of the Order is available here.
CMS Announces Temporary Premium Reduction Policy
On August 4th, the Centers for Medicare & Medicaid Services (CMS) announced a policy that will allow issuers to offer temporary premium reductions for individuals with 2020 coverage in the individual and small group markets. In light of the COVID-19 public health emergency, CMS will adopt a policy of relaxed enforcement and allow issuers, when consistent with state law, to offer premium reductions for one or more months for 2020 coverage. This temporary policy will be in effect until the end of 2020.
The guidance is available here.
Ways and Means Committee’s Task Force to Host Roundtable on the Future of Telehealth
On August 6th, from 12pm to 3pm, the Ways and Means Committee’s Rural and Underserved Communities Health Task Force will host a bipartisan member roundtable entitled, “Examining the Role of Telehealth during COVID-19 and Beyond” to discuss how people living in rural and urban underserved communities use these technologies, their effectiveness, and their impact on taxpayer-funded health spending. The meeting can be viewed here.