The Office of Inspector General recognizes that we are facing unprecedented times and is alerting the public about potential fraud schemes related to economic stimulus programs offered by the U.S. Small Business Administration in response to the Novel Coronavirus Pandemic (COVID-19). The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the largest financial assistance bill to date, includes provisions to help small businesses. Fraudsters have already begun targeting small business owners during these economically difficult times. Be on the lookout for grant fraud, loan fraud, and phishing.
News
Today, the Office for Civil Rights (OCR) at the U.S Department of Health and Human Services (HHS) is announcing that it has resolved a complaint filed against the Pennsylvania Department of Health (PDH) after PDH revised its Interim Pennsylvania Crisis Standards of Care for Pandemic Guidelines (CSC Guidelines) to ensure that persons will not be discriminated against based on disability if providers in the state were to begin triaging life-saving health care services. This is the second enforcement action OCR has taken since OCR issued a Bulletin reminding covered entities of the continued applicability of civil rights laws during the COVID-19 public health emergency.
The information here presented was received via email from 2020 Business Relief. The information provides basic information and links that may be useful for Business’ Owners.
OCR Announces Notification of Enforcement Discretion for Community-Based Testing Sites During the COVID-19 Nationwide Public Health Emergency
as of April 9th, 2020
Today, the Office for Civil Rights (OCR) at the U.S Department of Health and Human Services (HHS) announced that it will exercise its enforcement discretion and will not impose penalties for violations of the HIPAA Rules against covered entities or business associates in connection with the good faith participation in the operation of COVID-19 testing sites during the COVID-19 nationwide public health emergency. This exercise of enforcement discretion is effective immediately, but has a retroactive effect to March 13, 2020.
OCR is sharing the following update with our listserv from the Cybersecurity and Infrastructure Security Agency (CISA) at the U.S. Department of Homeland Security, warning individuals to remain vigilant for COVID-19-related malicious cyber activity.
EPI Compliance and Healthcare Innovation Conference has been canceled. This should not be a surprise as many conferences have been canceled due to the COVID-19 crisis. The sad part was that we had an incredible number of speakers who were to offer fascinating information to all of us. Also, this was the first year we were to offer certification courses in regenerative medicine. We also had some courses geared towards diabetics, wound care, cannabidiol (CBD) uses for patients and much more.
Is your current patient volume less than 40% of what used to be? Has your gross income been reduced by 30% or more? Are you wondering how are you going to be able to pay your monthly bills? If the answer to any of these questions is yes, your Practice immune system is compromised and may soon need to be placed in the Intensive Care Unit (ICU).
People may find this callous based on the COVID 19 crisis but the reality of it all is that I see healthcare businesses as our patients and before this crisis many of these had their immune system compromised and COVID 19 will simply be the end of these Practices.
On an almost daily basis, I read something new regarding telemedicine updates and recommendations. The changes I read regarding telemedicine are unprecedented and the fact that President Trump declared a National Emergency makes it easier to forget about the rules and simply do what you can with this opportunity.
I have answered questions regarding HIPAA and telemedicine and even about using phones for voice interaction between patient and Providers. However, the fact that we have so much leeway doesn’t mean this is the wild west and that common sense can go out the door. Also, understand that there are many factors and legislative hurdles you may have to consider before engaging in telemedicine services. For your benefit, we are enclosing some of the HIPAA guidance released by the Office for Civil Rights as it regards COVID 19 as well as our recommendations as you move forward.
HIPAA. HIPAA has specific guidance as it relates to Emergencies, yet the COVID 19 resulted in specific guidance from the Office for Civil Rights (OCR). While the guidance is quite extensive some of the highlights include:
An accelerated/advance payment is a payment intended to provide necessary funds when there is a disruption in claims submission and/or claims processing. CMS is authorized to provide accelerated or advance payments during the period of the public health emergency to any Medicare provider/supplier who submits a request to the appropriate Medicare Administrative Contractor (MAC) and meets the required qualifications
Building on prior action to expand reimbursement for telehealth services to Medicare beneficiaries, CMS will now allow for more than 80 additional services to be furnished via telehealth. During public health emergencies, individuals can use interactive apps with audio and video capabilities to visit with their clinician for an even broader range of services. Providers also can evaluate beneficiaries who have audio phones only. CMS is allowing telehealth to fulfill many face-to-face visit requirements for clinicians to see their patients in inpatient rehabilitation facilities, hospice, and home health.
Just released March 31, 2020, CMS issued a Transmittal 2020-03-31-MLNC-SE – Providers can bill for telehealth visits at the same rate as in-person visits. Telehealth visits include emergency department visits, initial nursing facility, and discharge visits, home visits, and therapy services, which must be provided by a clinician that is allowed to provide telehealth. New as well as established patients now may stay at home and have a telehealth visit with their provider. During the COVID-19 pandemic, telehealth services should be billed using the place of service (POS) code that would have been reported had the service been furnished in person. For example, a physician practicing in an office setting who sees patients via telehealth, instead of in person, would report POS-11-0ffice. Additionally, the telehealth modifier (modifier 95) should be applied to claim lines that describe services furnished via telehealth.