COVID-19 Update April 15, 2020


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April 15, 2020 Latest COVID-19 Statistics
10,834 – The number of people who have died of coronavirus in New York state, as of the morning of April 14.

11,568 statewide deaths as of Wednesday morning, including 752 more fatalities in the past day. Statewide and county-by-county totals haven’t yet been updated, which Gov. Andrew Cuomo suggested had to do with new reporting requirements from the Centers for Disease Control and Prevention. New York City, for example, added nearly 4,000 deaths to its total overnight by including “probable” deaths and not just confirmed deaths. As of Tuesday, New York City reported 10,367 deaths from the coronavirus. As of Wednesday, 18,335 New Yorkers were hospitalized with the coronavirus, and 5,205 were in intensive care units. For more numbers, including the latest statewide and borough-by-borough statistics, click here.


Gov. Cuomo’s Daily Press Conference Highlights

COVID-19 GENERAL:

– Gov reiterates that he’s not interested in retrospectives at this point.
– Gov did state that if he could, he’d go back to December/January.
– On NY specific, “There is no state that moved faster.” From time of
first case to total shut-down, NYS was the quickest –9-day period.

MASKS EXECUTIVE ORDER:

– Any situation in public where you cannot maintain social distancing (6
ft.): public transit, crowded streets
– Possibility for a civil penalty, local gov’ts would enforce, but doesn’t
want to get to a penalty, yet. If people don’t follow, there might be a
penalty in the future.  Looking for self-enforcement from public.
– Any coordination with the City?  Coordinate as much as possible with
local gov’ts and partner states.  Local gov’ts can have their own rules,
but they can’t conflict with the state.  If there’s a conflict, state laws
govern.
– Question on forceful removal from public transport if mask refused to be
worn. Gov states that we’re not there yet and transitioned into
compliance with stay at home initiative.  “How can you not wear a mask?”
given the facts.

TESTING:

– Coordination with the City?  DeRosa – City is looking to acquire swabs and
vials, etc.  Gov is looking to increase testing capacity in labs, all
aspects, hoping to reduce competition between purchasers and organize
efforts of gov’ts, and companies.
– How do we get the supply chain up – Fed Govt.

NOTES:

– State will begin reporting all categories of fatalities pursuant to new
CDC guidelines.  “Probable deaths” will be included.  State contacting
facilities to get updated numbers.
– State looking to get reports of COVID deaths outside of hospitals
and nursing homes.

In three days, New Yorkers will be required to wear a mask or face covering when going out in public and unable to maintain six feet of social distancing in order to halt the spread of the coronavirus pandemic, Gov. Andrew Cuomo on Wednesday said. For now, no fines will be issued for not wearing a mask, but local governments will be enforcing the order. 

Masks — either medical grade facemasks or cloth masks that can cover a nose and mouth — will be required to wear in crowded public areas like mass transit. 

Masks will be required in “any situation in public where you cannot maintain social distancing,” Cuomo said.


Interim Guidance on Executive Order 202.16 Requiring Face Coverings for Public
and Private Employees Interacting with the Public During the COVID-19 Outbreak


9,000+ Healthcare Workers Have Contracted COVID-19: 6 CDC Findings
More than 9,000 healthcare employees have contracted COVID-19 in the U.S., according to CDC data released April 14.

CDC researchers analyzed data on 315,531 laboratory-confirmed COVID-19 cases reported nationwide between Feb. 12 and April 9. The agency identified 9,282 cases known to involve healthcare professionals. The CDC noted this figure is likely underestimated, since healthcare employee status was only available for 16 percent of cases reported nationally.

Six report findings:

  1. The median age of sickened healthcare professionals was 42, and 73 percent were female.
  2. About 38 percent had at least one underlying health condition.
  3. Among healthcare professionals with available data on exposure, 55 percent said they only had contact with COVID-19 patients in healthcare settings.
  4. Ninety-two percent of healthcare professionals reported having fever, cough or shortness of breath. The remainder did not have these symptoms.
  5. A majority (90 percent) did not require hospitalization, but severe illness occurred among all age groups.
  6. The CDC received reports of 27 deaths among healthcare professionals during this time period, most commonly occurring in individuals 65 and older.
    Becker’s Hospital Review, April 15)

Practices Report 60% Average Decrease in Patient Volume
Practices report a 60% average decrease in patient volume and a 55% average decrease in revenue since the beginning of the public health emergency, an MGMA survey finds.

Ninety-seven percent of physician practices have experienced a negative financial impact from COVID-19, finds a new Medical Group Management Association survey.

The financial impact is both directly and indirectly related to the outbreak, the survey said. Specifically, practices report a 60% average decrease in patient volume and a 55% average decrease in revenue since the beginning of the public health emergency.

In addition, many practices have started furloughing and laying off employees, and more plan to do so as the weeks and months of crisis drag on, respondents said.

Because of the revenue and volume declines, 48% of respondents have temporarily furloughed staff, and 22% have permanently laid off staff. By May, those numbers are projected to increase to 60% for furloughs and 36% for layoffs, according to MGMA.


Clarification on Attestations for $100 billion CARES Act Health Care Provider Pool
Concerns were raised Friday when the initial HHS Emergency Fund grants were released that, in agreeing to the terms and conditions of the grants, physicians were being required to attest that they diagnose, treat, or test patients for COVID-19. The AMA brought these concerns to the Secretary’s office and HHS committed to posting some clarifying language. HHS has now modified some of the language to make its meaning clearer, as follows, stating that every patient is a possible case of COVID-19.

The website at https://www.hhs.gov/provider-relief/index.html now includes the following statement:

If you ceased operation as a result of the COVID-19 pandemic, you are still eligible to receive funds so long as you provided diagnoses, testing, or care for individuals with possible or actual cases of COVID-19. Care does not have to be specific to treating COVID-19. HHS broadly views every patient as a possible case of COVID-19.

​Also, the second provision of the Terms and Conditions has been changed to no longer say providers attest to “currently” taking care of patients, just that they did so after 1/31/2020:

The Recipient certifies that it billed Medicare in 2019; provides or provided after January 31, 2020 diagnoses, testing, or care for individuals with possible or actual cases of COVID-19; is not currently terminated from participation in Medicare; is not currently excluded from participation in Medicare, Medicaid, and other Federal health care programs; and does not currently</a have Medicare billing privileges revoked. (American Medical Association)


CNN: Social Distancing in the US May Have To Be Endured Until 2022 if No Vaccine is Quickly Found, Scientists Predict
“Intermittent distancing may be required into 2022 unless critical care capacity is increased substantially or a treatment or vaccine becomes available,” they wrote in their report. “Even in the event of apparent elimination, SARS-CoV-2 surveillance should be maintained since a resurgence in contagion could be possible as late as 2024.” The Harvard team’s projections also indicate that the virus would come roaring back fairly quickly once restrictions were lifted. “If intermittent distancing is the approach that’s chosen, it may be necessary to do it for several years, which is obviously a very long time,” Dr. Marc Lipsitch, an author on the study and an epidemiology professor at the Harvard School of Public Health, told reporters. That’s according to researchers from the Harvard T.H. Chan School of Public Health, who published their findings in the journal Science on Tuesday.(CNN 4/15)


New York City’s Death Toll Jumps by More Than 3,700 After Officials Take into Account Probable Cases
“Behind every death is a friend, a family member, a loved one. We are focused on ensuring that every New Yorker who died because of COVID-19 gets counted,” said Health Commissioner Dr. Oxiris Barbot. The revised numbers hint at how much the country has likely under-counted deaths. The U.S. recorded its deadliest day on Tuesday

The US recorded its highest number of coronavirus deaths in a day after several days in which the death toll had fallen or was nearly flat. The daily death toll was 2,405 on Tuesday, according to Johns Hopkins University’s tally of cases, bringing the total number of US deaths to 26,033. At least 609,240 people have been infected with the virus in the US.


Trump’s Decision to Cut Off WHO Funding Draws Swift Push Back From AMA
“During the worst public health crisis in a century, halting funding to the World Health Organization is a dangerous step in the wrong direction that will not make defeating COVID-19 easier,” American Medical Association President Patrice Harris said.


New York AG Files Suit Against Dept. of Labor Paid Sick Leave Rule
Yesterday, New York Attorney General Tish James sued the Labor Department, alleging its rule governing emergency family leave and paid sick leave could have “devastating consequences for New York and its residents.”

The final rule, published earlier this month, implements the paid leave and paid sick leave provisions in the Families First Coronavirus Response Act, the second of two bills Congress passed last month to combat the coronavirus pandemic. The bill requires businesses that employ fewer than 500 people to offer employees up to two weeks’ sick leave at full pay and up to 10 weeks’ family leave at two-thirds’ pay to address the pandemic. Employers may offset the costs by suspending employee tax withholding.

DOL’s guidance placed certain restrictions on access to the temporary program, including a requirement that workers first receive a requirement that workers first receive a medical diagnosis or advice from a health care provider. “The paid sick leave and emergency family leave provisions of the FFCRA were enacted to protect public health and to provide economic security to working families,” James said in an emailed statement. “The Trump Administration’s rule makes it harder for New Yorkers and Americans throughout the country to claim these paid benefits, which unnecessarily puts more workers at risk of exposure to COVID-19.”

James also filed a motion for summary judgment in the same court, the U.S. District Court for the Southern District of New York. (Politico)


MLMIC Offers 24/7 Legal Hotline
Due to the minute by minute changes regarding COVID-19, MLMIC is keeping our insureds informed via email blasts, our website, blog, as well as through our social media accounts via Twitter and Linked In.

For those insureds who face challenges to their practice due to COVID-19, MLMIC is offering the following:

  • MLMIC’s toll free 24/7 Legal Hotline – (855) FAKS-LAW (1-855-325-7529) can help address many questions or concerns that may arise.
  • Our staff remains directly available via phone (800) ASK-MLMIC(1-800-275-6564) and every effort will be made to handle inquiries and answer questions regarding claims, coverages and policies on an immediate basis.
  • Blog:  Guidance on Using Telemedicine for Coronavirus – click here

COVID-19 WEBINAR

COVID-19 for Office-Based Physicians: How to Handle Surge & Psychological First Aid”
CME Webinar on April 29th – Registration Now Open

MSSNY announces a new webinar related to the COVID-19 pandemic, Medical Matters: COVID-19 for Office-Based Physicians: How to Handle Surge & Psychological First Aid on April 29th at 7:30am. Faculty for this program is William Valenti, MD and Craig Katz, MD.

Registration is now open for this webinar.

Educational objectives are:

  • Explore the role of office-based physicians during the COVID-19 pandemic
  • Describe surge preparedness procedures for infectious disease outbreaks
  • Identify wellness and resiliency strategies to use during infectious outbreaks

To view the companion pieces to this webinar, be sure to go to https://cme.mssny.org and view Medical Matters: Coronaviruses 2020: COVID-19 An Evolving Story recorded on March 18, 2020 and Medical Matters: Psychosocial Dimensions of Infectious Outbreaks recorded on April 1, 2020.

Additional information or assistance with registration may be obtained by contacting Melissa Hoffman at mhoffman@mssny.org.

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates this live activity for a maximum of 1.0 AMA PRA Category 1 credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

 

 

 

COVID-19 Update – April 13, 2020


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April 13, 2020 Latest COVID-19 Statistics
New York reported 10,056 statewide deaths as of Monday morning, including 671 more fatalities in the past day. As of Monday, New York reported 195,031 confirmed cases, including 106,763 cases in New York City alone. As of Monday, the state reported 7,349 deaths of New York City residents.

As of Monday, 18,825 New Yorkers were hospitalized with the coronavirus. As of Friday, 4,903 of those hospitalized were in intensive care units. For more numbers, including the latest statewide and borough-by-borough statistics, click here. Here is the governor’s April 13 presentation.


To apply for SBA Loans (COVID-19 Disaster Loan Application or the Paycheck Protection Program Application), click here.


Providers Begin Receiving First Round of CARES Act Grants
Providers on Friday began receiving $30 billion from the first round of grant funding from Congress’ third stimulus package.

The funds, from the $100 billion provider relief fund in the Coronavirus Aid, Relief, and Economic Security Act, were distributed based on providers’ share of 2019 Medicare fee-for-service reimbursements.

The grants do not have to be repaid, but administration officials said Thursday that grant recipients have to agree not to balance bill patients for out-of-network COVID-19 treatment.

Federation of American Hospitals President and CEO Chip Kahn said he generally supports the administration’s surprise billing ban, though he said important details were unclear including insurer reimbursement for out-of-network services.

“This is in a framework that we support,” Kahn said.

Many providers received direct deposits on Friday morning. HHS said that payment was made through information on file either with UnitedHealth Group or the CMS, and paper checks will be sent out for remaining providers within the next few weeks. Payments for larger medical groups will be sent to the group’s central billing office, according to background materials.

UnitedHealth Group said combined with its affiliates, it has relationships with more than 80% of all U.S. healthcare providers and hospitals. The insurer donated administrative costs in the partnership.

HHS said it is working on how to distribute the remaining $70 billion. The agency said it will prioritize providers in areas with severe COVID-19 outbreaks, rural providers and those who serve the Medicaid population or have a payer mix that’s lighter on Medicare fee-for-service payments in the next round. The Friday announcement also reiterated the department’s intent to use some of the funds to reimburse providers for COVID-19 treatment for the uninsured at Medicare rates.

The NY and NJ congressional delegations have complained that the across-the-board distribution did not provide enough support to hard-hit areas. As of Friday afternoon, New York and New Jersey combined had 45% of confirmed COVID-19 cases in the United States.


Notes from Governor Cuomo’s Briefing:

– Curve continues to flatten. We are seeing a plateau, unsure of how long
this “apex” will last. The Governor says the curve is “still going up a
little bit” but is overall flat.
– Net downturn in hospitalizations. The 3-day rolling average is also down.
– Net change in ICU admissions down as well.
– Net change in intubations 3-day rolling average is down.
– Stabilization in spread. Have been reacting to clusters.
– New COVID hospitalizations per day is down. The Governor clarified that
though hospitals see about 2k new cases per day, many are discharged as well.
– Death toll for April 12: 671. Total lives lost: 10,056.
– The Governor explained the spread has been great because of the density
that exists in NYC, as well as other cities throughout the country. He also
added that physical environment is not the only problem, dense gatherings
can also be problematic.

REOPENING:

– Wants to learn from countries currently undergoing reopening
procedures to see what works and what doesn’t to avoid a second wave. Says
actions will be based on public health and economic experts’ recommendations
and data.
– Want to ease isolation, increase economic activity, recalibrate
“essential worker” economy, apply more testing and precautions, and to keep
infection rate low. Governor says we need to watch the infection rate
throughout reopening. “It’s a delicate balance,” he explained.
– Made points that the economy has not been shut down, however, must
be recalibrated in reopening procedures.
– Would like to reopen with a regional design and systems must
coordinate (economic, transportation, schools, etc.).
– Again said reopening would need Federal support.
– Precautions to be continued (masks, gloves, temperature taking).
– Have been talking with RI, CT, NJ, DE, and PA on working together
for reopening plan. Announcement to come later this afternoon. No time was
specified.
– The Governor claims he doesn’t believe a uniform plan can be made
unless they recognize state by state distinctions.
– The Governor says that there will be no short-term point to declare as
the end, but there will be points of resolution over time. These will be
incremental and based on control of spread of infection.
– Celebrated accomplishments made in controlling the spread and
keeping “the tide from overwhelming [hospitals].”
– Hopefully, within 12-18 months a vaccine will be produced. But the
Governor promised that there will be points within this time span that will
help lessen the burden.
– Must continue distancing protocols.

Q&A:
HOSPITALS:

– Malatras also mentioned that 200 test kits to NYC’s Med Assist
Network Hospital, and many hospitals often report having a 20-30 day supply
of PPE.
– When asked if Buffalo was considered a hot spot for the virus, Malatras
said there has been a recent stabilization in cases.

REOPENING:

– There is a possibility that areas with lower infection rates may open
sooner, though the Governor continued pushing for a coordinated effort
between states.
– The Governor says schools must be opened in coordination with other
systems. He mentioned mixing populations between outer-city areas and issues
with childcare as barriers.

COVID-19:

– The Governor reiterated that though the worst is currently behind us,
people must continue distancing protocols to avoid a second wave of
infection. He explained that facts will continue un-biased.
– When questioned on why nursing homes were unable to report infection rates,
the Governor explained that they are protected under privacy laws. Zucker
added that these protections apply due to these institutions being people’s
homes.

NYSDOH Issues Evidence-Based Pharma Info
The Department of Health today issued COVID-19 Drug Topics,  which provides prescribers with an evidence-based, non-commercial source of the latest objective information about pharmaceuticals.  The information is provided through our Prescriber Education Program (PEP), which is a partnership between the Department of Health and the State University of New York (SUNY) Medical and Pharmacy institutions.

Information regarding Colchicine, Hydroxychloroquine and Ibuprofen is now available on the COVID-19 Guidance for Medicaid Providers webpage.


Telehealth Thursday WEBINAR: Playing Critical Role in Virtual Care in Crisis
DrFirst is offering a webinar this Thursday, April, 16th at 11AM EDT for physicians to discover how they may leverage HIPAA-compliant video conferencing, secure messaging, file transfer and other communication tools to stay connected with their patients during the pandemic.

Event Highlights and Learning Objectives:

  • Find out how healthcare organizations of all types are using telehealth technology to improve communication and care collaboration
  • Hear telehealth success stories and learn best practices your practice can utilize in your COVID-19 response
  • Learn about key “must-haves” when evaluating telehealth solutions
  • Engage with clinical consultants and ask questions about you can better connect with patients and remote providers.

To register for this important webinar, go to this link.


Physicians on the Frontlines and Mortality Rates
Concerns among healthcare professionals are well-founded. The epidemic is horrific, and any loss of human life is a tragedy. In order to investigate this issue, we looked at summaries of physician deaths attributable to COVID-19 through April 10, 2020, in Medscape. I concentrated on physicians rather than all providers because mortality reports appeared more complete.

Through April 10, there were 17 physician deaths in the United States. Sixteen of the 17 deaths occurred among physicians aged 60 or older. The range in age was 37-92: the only death under age 65 was an oral surgery resident. 65% (11 of 17 deaths) occurred in physicians aged 65 or older and 47% where among those older than 70. Obituaries or press releases were available for 16 of the cases. Although it is uncertain from the write-ups, it appeared that about half of the physicians who died were retired or only practicing part-time. Several of the write-ups noted that the deceased physician had serious health problems, including recurrent cancers.

The COVID-19 epidemic is creating legitimate anxiety among healthcare professionals. Media reports focus on young physicians expressing fear for their own safety. One healthcare provider explained that she felt like a sacrificial lamb being sent off to slaughter. But are healthcare providers at significantly greater risk of death than the general population?

In order to put the 17 deaths in perspective, I compared the COVID-19 death rate among physicians to that in the general population. There are approximately 1.1 million physicians in the U.S. population of 330 million people. In other words, there is approximately one physician for each 300 persons in the population. By April 10, there were approximately 20,000 COVID-19 deaths in the US.

If physicians are dying at the same rate as people in the general population, we would expect about 66 physician deaths. If the data are accurate, physician deaths are about 75% lower than expected. And, the risk from exposure to sick patients may be an overestimate because in nearly half of cases the physicians appeared to have retired or reduced clinical practice. Medscape by Robert M. Kaplan, PhD, is a faculty member at Stanford University’s Clinical Excellence Research Center, former associate director of the National Institutes of Health, former chief science officer for the U.S. Agency for Healthcare Research and Quality.


GNYHA Pres/CEO Kenneth Raske Spoke with WH Senior Adviser Jared Kushner
“This distribution methodology is woefully insufficient to address the financial challenges facing hospitals at this time, especially those located in hot spot areas such as the New York City region,” Raske wrote in a letter to GNYHA members.

The largest recipients by state were California with $2.9 billion, Florida with $2.2 billion, Texas with $2.1 billion, New York with $1.9 billion and Pennsylvania with $1.2 billion.

Republicans on the House Ways & Means Committee acknowledged concerns with the initial allocation.

“While this distribution system is not perfect, the administration should be commended for developing a system that delivers support to key healthcare facilities quickly,” members wrote in a statement Friday.

Providers receiving grant funding will have to certify that they will only use the funds for coronavirus-related costs and cannot use the funds for expenses reimbursed from other sources. Providers receiving more than $150,000 from the federal government will have to file quarterly reports detailing how the funds were spent. Providers must within 30 days confirm receipt of the grant payments and agree to the terms in an online HHS portal opening April 13 or refund the money.

The CARES Act requires the HHS Office of Inspector General to send a report to Congress on audit findings for the $100 billion grant program within three years of when final payments from the fund are made.


GNYHA Ensuring the Safety of Our Direct Caregivers
GNYHA and the Healthcare Association of New York State (HANYS) continue to work with Governor Andrew Cuomo and the New York State Department of Health (DOH) to help you achieve your number one priority during the COVID-19 crisis—ensuring that direct caregivers at your institutions have safe, adequate levels of personal protective equipment. At the Governor’s request, GNYHA and HANYS are asking all hospitals across the State to adhere to the following policy: When a direct caregiver in a hospital asks for a new N95 mask, they will receive one at least once a day.

As has been stated on Governor Cuomo’s calls with hospital chief executive officers, any hospital whose N95 inventory is low should call Larry Schwartz at 914-393-8254 or Jim Malatras at 518-281-1754. We will continue to do everything we can to support your heroic response to the COVID-19 crisis.


New COVID-19 Resources from the AMA

  • The AMA just released a resource to help physicians and practice staff track the rapidly evolving prior authorization policy changes health plans and PBMs are making in response to COVID-19. They will be regularly updating this resource to stay current with payers’ policy chanhttps://www.ama-assn.org/system/files/2020-04/prior-auth-policy-covid-19.pdfges.
  • The AMA has updated its COVID-19 coding guidance document to reflect the most recent information released by CMS. The document has been expanded to now outline 18 different treatment scenarios and recommended coding for each.

NY Hospital Systems Losing Money as They Respond to Coronavirus
The Wall Street Journal (4/12) reports New York City’s academic hospital systems are each losing $350 million to $450 million a month as they respond to a surge of COVID-19 patients. Meanwhile, independent and smaller hospital systems are facing dire financial pressures and could be unable to make payroll soon.

Report: New York Getting Less Coronavirus Funding Than Other States. Some states “are getting significantly more funding to fight the coronavirus per case compared to other, harder-hit states, according to a new analysis released Friday,” The Hill (4/11, Axelrod) reported. Analysis from Kaiser Health “found that states like Minnesota, Nebraska and Montana are getting more than $300,000 per reported COVID-19 case, while New York, the hardest-hit state, is receiving roughly $12,000 per case.” Florida, “which is also grappling with a serious outbreak, is getting $132,000 per case.”


 

 

MSSNYeNews: April 3, 2020 – Sense and Sensibility

Arthur Fougner MSSNY Presiident

PRESIDENT’S MESSAGE
Arthur Fougner, MD
MSSNY President

MSSNY eNews
April 3, 2020

Vol. 23  Number 14



MSSNYPAC Seal

 


Colleagues:

How sad a sight it is to see the streets so empty of people.”
  Samuel Pepys 1666

I thought of Pepys’ diary of the great London plague as I saw the images of Times Square this week. The City that Never Sleeps now lies behind closed doors. Every morning, when I open my door, I half expect to see a candlestick outside. For all our technology, we are struggling to maintain some semblance of equilibrium. Emergency departments are struggling to stay afloat amidst the sea of patients afflicted by the SARS CoV2 virus. Our Healthcare Heroes are long on talent but short on PPE. Entire hospital units are being reconfigured to handle the increasing volume of patients. Ventilators are now more valuable than a Ferengi’s Gold-Pressed Latinum.

Our country has seen this before, one hundred years ago. Hard-learned lessons of the past can and should provide some guidance for today. Phyl Rubenstein, local Breckenridge CO historian, noted parallels between the current pandemic and the 1918 Spanish Flu. “The closing of businesses and distancing of people seem to be the most effective means of bringing this crisis to an end,” Rubenstein noted. However, reopening businesses too quickly could risk the virus’ resurgence.

Without technology, ventilators, antivirals the US survived the 1918 pandemic by attention to sanitation, hand-washing and social distancing. Already, in NY, the pace of hospitalization and death is slowing. A once two-day interval for deaths to double is now six days. While it may not seem like it, we are making progress. Make no mistake, we will overcome this as we have always overcome.

And we will do it together.

Comments? comments@mssny.org@mssnytweet; @sonodoc99

Arthur Fougner, MD
MSSNY President


MLMIC COVID Banner


 



MSSNY President Press Statement: NY Physicians Need Adequate Tools to Fight War on COVID-19
As New York physicians continue to fight on the front lines of the COVID-19 pandemic, our first priority is—and always has been—the health and well-being of our patients. But we can’t be thrown into this war zone without adequate tools. It is imperative that we are provided with the best available defense, including Personal Protection Equipment (PPE) and workplace practices and policies to reduce disease transmission.

“Unfortunately, despite everyone’s best efforts to facilitate the availability, we continue to hear far too many disturbing reports from physicians about inadequate PPE availability in the hospitals and office settings where they are delivering patient care.  This is shameful and must be addressed.

“In addition, physicians must retain the right to speak out about conditions that we perceive as endangering ourselves, our patients, and our colleagues’ well-being without fear of repercussion. Our patients’ welfare is our priority and we must retain our freedom to advocate for them, including expressing concerns regarding conditions and safety.” (See story below)

Interviews:

    • Politico – 03/26/20
       New York’s health care workforce braces for influx of retirees, inexperienced staffers (MSSNY President Dr. Arthur Fougner quoted)

 •  Crain’s Health Pulse – 03/3/20
       Stakeholders on budget watch after Medicaid redesign proposals
(MSSNY President Dr. Arthur Fougner quoted)

    • Fox News – 04/01/20
      Coronavirus first responders desperately need more safety equipment, 9/11              firefighter says (MSSNY President Dr. Arthur Fougner quoted)

    • Politico -04/02/20
       Statement from MSSNY President Dr. Arthur Fougner

    • NBC News 4 – 04/02/20
    Cuomo Orders National Guard to Take Ventilators as New York Deaths Near 3,000
(MSSNY President Dr. Arthur Fougner quoted)

   •  NPR – 04/03/20
    Ventilator Shortages Loom As States Ponder Rules For Rationing
(MSSNY President Dr. Arthur Fougner quoted)


City Council Members to Protect Hospital Whistleblowers
Nurses and doctors stationed in New York City’s overrun hospitals have spoken out about equipment shortages and increasingly dire workplace conditions — all while risking their jobs to do so.  A group of legislators is planning to introduce a bill to ensure whistleblower protections for hospital workers.

The bill — which has the support of four other Council members, medical personnel and union leaders — would prevent doctors and nurses from losing their jobs if they speak publicly about conditions in their hospitals. It was inspired during the outbreak of the coronavirus, which has stretched resources thin at public and private facilities throughout the city and is based on similar legislative protections for fast-food workers.

Several prominent hospitals have warned staff about disclosing the nightmarish scenarios playing out in their emergency rooms, either in interviews or on Twitter, Facebook and other social media platforms. (Politico, 4/3 2pm)


CORONAVIRUS UPDATE
By the numbers:

The state reported 102,863 confirmed cases and 2,935 deaths as of Friday morning, including 57,159 cases in New York City, 12,351 in Westchester County, 12,024 in Nassau County, 10,154 in Suffolk County, 4,289 in Rockland County, 2,397 in Orange County, 809 in Dutchess County, 720 in Erie County, 464 in Monroe County and 267 in Albany County.

NYS COVID-19 Tracker
NYT Coronavirus Stats as of 8AM 4/3


Latest News from DrHoward Zucker Commissioner of Health for New York State

GENERAL COVID-19:
– No data to suggest that a wide-spread face mask policy is
Gov: Fair to say that masks couldn’t hurt, unless they give a false sense of security.
– Governor describing new Exec. Order as sharing resources as a rebuttal
to use of the word “seizure.”
– Will not leave hospitals without essential equipment, but utilizing their stockpile, and will reimburse facilities.
– Gov says there could be several hundred ventilators that could be redeployed to areas of need.
– Paraphrase: If they want to sue me for borrowing their excess supplies to save lives, so be it – 4th Amendment concerns.
– High rate of illness in NYPD, FDNY, Transit Workers, Healthcare Workers: state will look to be of assistance, but has no plan to “take-over” any organization.
– State transferred several dozen COVID patients upstate.
– USNS Comfort is under-utilized . Ship is needed is for the COVID patients,

Notes from the On-going Governor’s Briefing:
– State now tracking “hotspots”, facilities with greatest total hospitalizations.
– Concerned about increase in Long Island
– Governor reiterated the state’s need for PPE supplies, and frustration
with interstate competition.  Reiterating desire for companies to help produce masks, gowns, face shields and other PPE.
– “We do not have enough ventilators, period.”
– Contingency plans: Splitting, Fed Stockpile, BiPaPP, Anesthesia
machines, redeployment of unused ventilators.
– Working with Alibaba as well.
– Javits is now COVID-19 only facility; “We don’t have any non-COVID-19
to any great degree.”  Federal agencies were not eager to approve the conversion.
– Governor noted a reduction in non-COVID cases due to the decrease in social activity: fewer car crashes, less trauma
– To sign Executive Order allowing state to assume control ventilators and
PPE from institutions for redeployment.  They will be returned or reimbursed. The National Guard will deploy to acquire the equipment.
– Not a question of state’s rights vs. federal interference.  It is a national disaster emergency.  State’s welcoming federal help.
– No state can get the supplies they need, explaining a National supply deployment strategy to meet the needs of the emergent hotspots. “What is the alternative” to the looming crisis.
– The Federal Government does not have enough supply to tell each state
that it can supply their need.
– Governor asking to systematize the medical professional volunteer effort to utilize across the country.


Members: Did you pay your dues? 


Legislature Works Toward Final Budget Passage
Today, the New York State Legislature is giving final passage to an extraordinarily difficult State Budget for the 2020-21 Fiscal Year that seeks to close what could be upwards of a $15 Billion Budget deficit.  With a Budget consideration process that was very different than previous years due to the managing of the coronavirus pandemic, MSSNY staff continues to go through the thousands of pages of Budget bills, but some of the top line highlights include:

  • Continuation of the Excess Medical Malpractice Insurance Program for another year, and rejecting proposals from the Medicaid Redesign Team to foist a 50% cost-share on the physician insureds, which could have been imposed thousands of dollars in new costs on the nearly 17,0000 physicians enrolled in the program.
  • Rejecting the Governor’s Budget proposal that would have severely curtailed important due process rights for physicians when a complaint has been filed against them to OPMC.
  • A 2-year extension of the existing physician-pharmacist collaborative drug program, and rejection of a proposal that would have greatly expanded the powers of pharmacists, and permitting nurse practitioners to also enter such protocols
  • Ending the sale of flavored e-cigarettes and flavored vaping products.
  • Targeted health insurance reforms including creation of an administrative simplification workgroup, a required reporting to DFS of health insurer denial statistics and hastening the timeframe for payment of claims when there has been a request for more information and that information has been provided.
  • Gives the NY Department of Financial Services power to investigate when a prescription drug price has gone up by over 50% in less than a year
  • Expansion of New York’s “surprise bill” law to include inpatient services that follow an emergency room visit, which will permit an out of network physician to bring these claims to the Independent Dispute Resolution process if they get an Assignment of Benefits from the patient.
  • Limits patient insulin co-payments to no more than $100 per 30-day supply.
  • Carving the Medicaid prescription drug benefit back into management by New York State, instead of by Medicaid Managed Care companies.
  • Continued funding of MSSNY’s Committee for Physician’s Health at its historical level.

Importantly, the Budget would also put into statute liability protections that had been set forth in a recent Governor’s Executive Order to provide qualified liability immunity to a physician or health care facility  (a) that is arranging for or providing health care services pursuant to a COVID-19 emergency rule;  (b) the act or omission occurs in the course of arranging for or providing health care services and the treatment of the individual is impacted by the health care facility’s or health care professional’s decisions or activities in response to or as a result of the COVID-19 outbreak and in support of the state’s directives; and (c) the health care facility or health care professional is arranging for or providing health care services in good faith.

Of significant note is a provision that will give the Governor significant discretion to adjust Medicaid payments across the Board throughout the fiscal year based upon the significant variability of revenue coming into New York State.  At the beginning of the year, the Governor implemented an across the Board 1% Medicaid cut, and the MRT2 recommended an across the board 1.875% cut.  This provision has the potential to bring about significant Medicaid cuts through the fiscal year based upon how quickly New York’s economy can recover.

MSSNY thanks the countless physicians for their grassroots advocacy on these key issues, as well as the great partnership with county medical and specialty society leaders in advocating for the many successful outcomes in this Budget, particularly during this extraordinarily difficult time.

We will follow up with a more in-depth report on the litany of health provisions in the State Budget that impact physicians and their patients.

Moe Auster, Pat Clancy, Zina Cary and Raza Ali


Legislature and Governor Agree to State Budget that Rejects Several Problematic Initiatives; Provides Qualified Immunity for COVID-19 Response
The New York State Legislature has given final passage to an extraordinarily difficult State Budget for the 2020-21 Fiscal Year that seeks to close what could be upwards of a $15 Billion Budget deficit.  With a Budget consideration process that was very different than previous years due to the managing of the coronavirus pandemic, MSSNY staff continues to go through the thousands of pages of Budget bills, but some of the top line highlights include:

  • Continuation of the Excess Medical Malpractice Insurance Program for another year, and rejecting proposals from the Medicaid Redesign Team to foist a 50% cost-share on the physician insureds, which could have been imposed thousands of dollars in new costs on the nearly 17,0000 physicians enrolled in the program.
  • Rejecting the Governor’s Budget proposal that would have severely curtailed important due process rights for physicians when a complaint has been filed against them to OPMC;
  • A 2-year extension of the existing physician-pharmacist collaborative drug program, and rejection of a proposal that would have greatly expanded the powers of pharmacists, and permitting nurse practitioners to also enter such protocols
  • Ending the sale of flavored e-cigarettes and flavored vaping products.
  • Targeted health insurance reforms including creation of an administrative simplification workgroup, a required reporting to DFS of health insurer denial statistics and hastening the timeframe for payment of claims when there has been a request for more information and that information has been provided.
  • Gives the NY Department of Financial Services power to investigate when a prescription drug price has gone up by over 50% in less than a year
  • Expansion of New York’s “surprise bill” law to include inpatient services that follow an emergency room visit, which will permit an out of network physician to bring these claims to the Independent Dispute Resolution process if they get an Assignment of Benefits from the patient.
  • Limits patient insulin co-payments to no more than $100 per 30-day supply.
  • Carving the Medicaid prescription drug benefit back into management by New York State, instead of by Medicaid Managed Care companies.
  • Continued funding of MSSNY’s Committee for Physician’s Health at its historical level.

Importantly, the Budget would also put into statute liability protections that had been set forth in a recent Governor’s Executive Order to provide qualified liability immunity to a physician or health care facility  (a) that is arranging for or providing health care services pursuant to a COVID-19 emergency rule;  (b) the act or omission occurs in the course of arranging for or providing health care services and the treatment of the individual is impacted by the health care facility’s or health care professional’s decisions or activities in response to or as a result of the COVID-19 outbreak and in support of the state’s directives; and (c) the health care facility or health care professional is arranging for or providing health care services in good faith.

Of significant note is a provision that will give the Governor significant discretion to adjust Medicaid payments across the Board throughout the fiscal year based upon the significant variability of revenue coming into New York State.  At the beginning of the year, the Governor implemented an across the Board 1% Medicaid cut, and the MRT2 recommended an across the board 1.875% cut.  This provision has the potential to bring about significant Medicaid cuts through the fiscal year based upon how quickly New York’s economy can recover.

MSSNY thanks the countless physicians for their grassroots advocacy on these key issues, as well as the great partnership with county medical and specialty society leaders in advocating for the many successful outcomes in this Budget, particularly during this extraordinarily difficult time.

We will follow up with a more in-depth report on the litany of health provisions in the State Budget that impact physicians and their patients.


Gov. Cuomo Shifting Resources Where Needed
“Right now, the numbers in upstate New York are lighter than the numbers in downstate New York but that is going to change,” Gov. Cuomo said. “You’re going to see that wave move through the state. … We’re going to shift resources all across the state to whatever place has that need at that time.” The state has estimated it has only a six-day supply of ventilators left based on the current need in the New York City area. There are about 102,800 confirmed coronavirus cases in New York state, with 57,000 in New York City.

More than 14,800 people are hospitalized and 3,700 are in intensive care. There have been 2,935 deaths from the pandemic as of Friday morning.

“Hospitals who are not dealing with COVID are seeing very low activity and it’s not that we’re going to leave any health care facility without adequate equipment, but they don’t need excess equipment,” the governor said. The governor’s plan drew concern from some upstate Congressional lawmakers.

Cuomo said it’s not yet clear how many ventilators might be found at upstate institutions but estimated there may be “several hundred excess.”

“Several hundred could represent several hundred lives so am I willing to deploy the National Guard and inconvenience people for several hundred lives, you’re damn right I am,” the governor said. (Politico 4/3)


Temporary Hospital Facility at Javits Center Will Now Treat COVID-19 Patients
The growing number of Coronavirus cases are threatening the capacity of our hospital system. The original plan for the Javits Center was to use it for non-COVID patients in order to free up beds at other hospitals. However, the number of COVID patients has increased to the point that it is prudent for Javits to support and care for COVID patients. I asked President Trump this morning to consider this request and stressed the urgent need and he agreed to it.


Health Advisory: Guidance: NYS DOH Advisory on PPE Shortage Options
Options when Personal Protective Equipment (PPE) is in Short Supply or Not Available


New DEA Buprenorphine Guidance from US Department of Justice
The U.S. Drug Enforcement Administration (DEA) recently issued guidance to DEA-registered physicians providing new flexibility for physicians managing patients with opioid use disorder. The new guidance permits physicians and other health professionals with a waiver allowing them to prescribe buprenorphine for the treatment of opioid use disorder to issue these prescriptions to new and existing patients based on an evaluation via telephone. The new policy is effective from March 31 for the duration of the COVID-19 emergency. More info


Pursuant to section 1135(b)(1)(B) of the Social Security Act, the Centers for Medicare and Medicaid Services New York State is offering Provisional Temporary Enrollment for the duration of the public health emergency. For ease of enrollment, we are offering multiple options for enrollment. New York’s goal is to quickly enroll Providers into New York State Medicaid so that they can react to the emerging health crisis.

This new provisional enrollment applies to providers in the following Categories of Service (COS):

  • Nurse LPN – 0521
  • Nurse RN – 0522
  • Nurse Practitioner – 0469
  • Physician – 0460
  • Physician Assistant (Registered) – 0462

To enroll using the Online Web Form, do the following:

  1. Use your web browser to access the form at: emedny.org/COVID19/
  2. Complete the form following instructions found below under Useful Links.
  3. When complete, click “Submit” to send the form to NYS for processing.

To enroll using email, do the following:

  1. The hard copy paper form can be found here.
  2. Complete the form, email it to this address for processing: emednycovid19PE@gdit.com
  3. Complete the form following instructions found below under Useful Links.

To enroll an individual provider or if you need support, please contact the eMedNY Call Center at 800-343-9000. If enrolling by phone, please be sure to have the following information available:

  • Email address
  • Category of Service (COS)
  • Identifying Information
  • Contact Information
  • Home address, work address, and service address.

To enroll a large number of providers, please contact the eMeNY Call Center Center at 800-343-9000.

Processing and Approval
When your application is approved, you will receive a Medicaid Provider ID number (MMIS) and will be able to submit


Advance Medicare Payments to Help Physicians Through this Period
Moreover, CMS announced over the weekend a process for physicians to receive 100% of predicted Medicare payments for a 3-month period ( Fact Sheet: Advanced Payment Program During COVID-19 Emergency).  Here is a recommended process for applying for these advanced payments shared with MSSNY by a medical practice, as well as some of the particulars of this program:
Process:

1. Go to your National Government Services (NGS) website and fill in, sign, and submit an Accelerated / Advance Payment request form for your practice.

2. Can request up to 100% of Medicare payment for a 3-month period.

3. Check box 2 (“Delay in provider/supplier billing process of an isolated temporary nature beyond the provider’s/supplier’s normal billing cycle and not attributable to other third-party payers or private patients.”); and

3. State that the request is for an accelerated/advance payment due to the COVID-19 pandemic

4. Will receive payment within 7 calendar days from the request.

5. Recoupment will begin 120 days after payment issuance date.

Eligibility:

Have billed Medicare for claims within 180 days immediately prior to the date of signature on the provider’s/supplier’s request form,

Not be in bankruptcy,

Not be under active medical review or program integrity investigation, and

Not have any outstanding delinquent Medicare overpayments.

For further information, contact Regina McNally, VP of MSSNY’s Socio-Economic

Division at 516-488-6100 ext.332 or email rmcnally@mssny.org.


Telehealth for Beginners on MSSNY Website
Not sure how to practice telehealth? Go here for a short primer.


Backline from Dr. First is a MSSNY- Approved Telehealth Product
DrFirst, a pioneer in healthcare technology offers HIPAA-compliant telehealth and video conferencing as part of its award-winning care collaboration and secure messaging platform, Backline. Backline is quick to set up and easy to use by both physicians and patients.

Initiate a video session without requiring a patient to download an app, complete a cumbersome registration process, or pay upfront before speaking with their physician. Physicians can use their PC or smartphone to engage with patients. Plus, Backline’s HIPAA security and extensive use cases make it a must-have even after the coronavirus crisis ends. Sign up here: https://drfir.st/blt-mssny


Paycheck Protection Program (PPP) Information Sheet: Borrowers
The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone. The loan amounts will be forgiven as long as:

• The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8-week period after the loan is made; and

• Employee and compensation levels are maintained. Payroll costs are capped at $100,000 on an annualized basis for each employee. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs. Loan payments will be deferred for 6 months.

What do I need to apply? You will need to complete the Paycheck Protection Program loan application and submit the application with the required documentation to an approved lender that is available to process your application by June 30, 2020.

Click here for the application.


10K Disaster Grant: Does Not Impact Qualification for Forgivable Loan 75% Reserved; File Now! Do NOT Wait
Apply for a COVID-19 Economic Injury Disaster Loan NOW! https://covid19relief.sba.gov/#/

In response to the Coronavirus (COVID-19) pandemic, small business owners in all U.S. states, Washington D.C., and territories are eligible to apply for an Economic Injury Disaster Loan advance of up to $10,000. To apply for a COVID-19 Economic Injury Disaster Loan, https://covid19relief.sba.gov/#/

The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million that can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing. The loan advance will provide economic relief to businesses that are currently experiencing a temporary loss of revenue. Funds will be made available within three days of a successful application, and this loan advance will not have to be repaid.  DO NOT WAIT!


CMS to Apply MIPS Extreme and Uncontrollable Circumstances Policy in Response to COVID-19, Reopens Application
CMS is offering multiple flexibilities to provide relief to clinicians responding to the 2019 Novel Coronavirus (COVID-19) pandemic. In addition to extending the 2019 Merit-based Incentive Payment System (MIPS) data submission deadline to April 30, 2020 at 8 PM ET, the MIPS automatic extreme and uncontrollable circumstances policy will apply to MIPS eligible clinicians who do not submit their MIPS data by the April 30 deadline.

If you are a MIPS eligible clinician and do not submit any MIPS data by April 30, 2020, you won’t need to take any additional action to qualify for the automatic extreme and uncontrollable circumstances policy. You will be automatically identified and will receive a neutral payment adjustment for the 2021 MIPS payment year. Please note, CMS has updated the QPP Participation Status Tool so eligible clinicians can see if the policy has been automatically applied.

Additional 2019 Relief Measure

We are also reopening the MIPS extreme and uncontrollable circumstances application for individuals, groups, and virtual groups.

Who should submit an application?

·       Individual clinicians who started, but are unable to complete, their data submission.

·       Groups that started, but are unable to complete, their data submission; and

·       Virtual groups that are unable to start or complete their data submission.

An application submitted between April 3 and April 30, 2020, citing COVID-19, will override any previous data submission. For more information, please see the Quality Payment Program COVID-19 Response Fact Sheet.

You can contact the Quality Payment program at 1-866-288-8292, Monday through Friday, 8:00 AM-8:00 PM ET or by e-mail at: QPP@cms.hhs.gov.


This Week’s Legislative Podcast


Garfunkel Wild Ad


SIGN UP TO RECEIVE ALERTS FROM MSSNY’S GRASSROOTS ACTION CENTER

MSSNY Grassroots Banner

When you subscribe to the Medical Society of the State of New York Grassroots Action Center, the Division of Governmental Affairs will alert you when legislation and issues of importance to physicians and patients, either in the NYS legislature or in Congress, are at critical stages.

Accordingly, contact from constituents would be vital to influencing the path and future of that legislation or issue.

Alerts will be accompanied by recommended actions you or your designee can take to have maximum impact such as calling, tweeting and emailing a customizable letter to your legislators.

If you are concerned with health care policy formation in New York State, please subscribe today by texting MSSNY to 52886 and you will be prompted to enter your email address.  When you sign up, it is best to use your NY-based voting address or practice address (if you do not reside in NY) for your alerts.

Contact the Division of Governmental Affairs at 518-465-8085 or albany@mssny.orgThank you. (WILKS)


 

MSSNYeNews: April 10, 2020 – The Angel of Death and the Resurrection

Arthur Fougner MSSNY Presiident

 

PRESIDENT’S MESSAGE
Arthur Fougner, MD
MSSNY President

MSSNY eNews
April 10, 2020

Vol. 23  Number 15



MSSNYPAC Seal


Colleagues:

This year the religious holidays of Passover and Easter fall under the shadow of the COVID19 pandemic. Somehow, I find this eerily apropos. The Israelite slaves, by smearing the blood of the lamb on their doors, hunkered down as the Angel of Death passed. Trusting in the Lord, they readied themselves for the terror of that night while preparing for the promised land. Today we are hunkering down as today’s Angel of Death – the SARS-CoV2 virus – is upon us. Trusting in our guidance, we are awaiting the journey back to the new promised land.

The Feast of the Resurrection is a metaphor for our recovery. The trials and tribulations of this vale of tears will give way as we all will rise again. We will always remember the effort of society’s Healthcare Heroes who facilitated the rebirth from social distancing to social activity and who helped all of us out of the darkness and into the light.

We should never forget those who gave their all, sacrificing themselves in the struggle against the virus. One of our colleagues, Dr. Michael Goldstein, has prepared a Petition to form the COVID-19 First Responders Fund for all first responders, including physicians, nurses, technicians, therapists, nursing aides, paramedics, housekeeping and all of the other members of the healthcare team treating Coronavirus patients in Emergency Departments, Inpatient Hospital beds and Intensive Care Units. 

As Sir Winston Churchill famously exclaimed: “Never was so much owed by so many to so few.” I urge everyone to sign – to get family and friends to sign.

It’s the least we can do.

Comments? comments@mssny.org@mssnytweet; @sonodoc99

Arthur Fougner, MD
MSSNY President


MLMIC COVID Banner


COVID-19 Statistics 


CMS Now Distributing First 30 Billion of CARES Provider Pool
CMS announced its methodology for distributing the first $30 billion of the $100 billion CARES health care provider pool as set forth in the recent stimulus bill.

The Florida Medical Association has estimated through a “back of the envelope” calculation that, based on the allocation method in the press release, physicians should expect to receive $61,983 for every $1 million in Medicare payments to the physician or physician group’s Tax ID in 2019. (Moe Auster)

This allocation method is similar to the recommendation from organized medicine because we recommended that the distribution be tied to physicians’ Medicare FFS spending from a portion of 2019, pre-COVID-19.

It differs from our recommendation in several respects: instead of using a one-month average of three months of Medicare spending, it uses spending for the entire year 2019; and it does not multiply that amount by three to average all-payor revenue for a month. Also, it does not employ any methodology to pay physicians who may have no or few Medicare claims but rely significantly on Medicaid funding; but, at a White House Coronavirus Task Force briefing earlier this week, Administrator Verma indicated that a subsequent distribution from the Emergency Fund will be directed to pediatricians, children’s hospitals, and others who rely on Medicaid.

All facilities and health professionals that billed Medicare FFS in 2019 are eligible for the funds. These are grants, not loans, and do not have to be repaid. Note that the funds will go to each organization’s TIN which normally receives Medicare payments, not to each individual physician. The automatic payments will come to the organizations via Optum Bank with “HHSPAYMENT” as the payment description.

The portal attest for this payment will open the week of April 13th. 

Additional details about the allocation are available here.

According to the press release, HHS has partnered with United to provide rapid payment for the distribution of the initial $30 billion in funds.  Eligible providers will be paid via Automated Clearing House account information on file with UHG or the Centers for Medicare & Medicaid Services (CMS). The automatic payments will come to providers via Optum Bank with “HHSPAYMENT” as the payment description.  Providers who normally receive a paper check for reimbursement from CMS, will receive a paper check in the mail for this payment as well, within the next few weeks.

Within 30 days of receiving the payment, providers must sign an attestation confirming receipt of the funds and agreeing to the terms and conditions of payment. The portal for signing the attestation will be open the week of April 13, 2020.  Of particular note is the statement in the press release that one of the conditions of this distributions is that “providers are obligated to abstain from “balance billing.”


Using CS Modifier When Cost-Sharing is Waived
This clarifies a prior message that appeared in our April 7, 2020 Special Edition.
CMS now waives cost-sharing (coinsurance and deductible amounts) under Medicare Part B for Medicare patients for certain COVID-19 testing-related services.  Previously, CMS made available the CS modifier for the gulf oil spill in 2010; however, CMS recently repurposed the CS modifier for COVID-19 purposes.

Now, for services furnished on March 18, 2020, and through the end of the Public Health Emergency, outpatient providers, physicians, and other providers and suppliers that bill Medicare for Part B services under specific payment systems outlined in the April 7 message should use the CS modifier on applicable claim lines to identify the service as subject to the cost-sharing wavier for COVID-19 testing-related services and to get 100% of the Medicare-approved amount.  Additionally, they should NOT charge Medicare patients any co-insurance and/or deductible amounts for those services.


IMGs Can Enter US to Begin Residency Programs
The U.S. State Department responded to an AMA request and agreed to resume processing visa applications at U.S. embassies and consulates to ensure that non-U.S. citizen international medical graduates (IMGs) can enter the country to begin their residency training programs this summer and bolster the health care workforce fighting the COVID-19 pandemic.

“We encourage medical professionals with an approved U.S. non-immigrant or immigrant visa petition (I-129 or I-140 with a current priority date, or similar) or a certificate of eligibility in an approved exchange visitor program (DS-2019), particularly those working to treat or mitigate the effects of COVID-19, to review the website of their nearest embassy or consulate for procedures to request a visa appointment,” the department’s announcement states.

“For those foreign medical professionals already in the United States: J-1 Alien Physicians (medical residents) may consult with their program sponsor, ECFMG [the Educational Commission for Foreign Medical Graduates], to extend their programs in the United States,” the State Department adds. “Generally, a J-1 program for a foreign medical resident can be extended one year at a time for up to seven years.”

Additionally, the AMA is advocating on behalf of non-citizen IMGs who are severely restricted as to where they can practice under the terms of their H-1B visas—this includes some physicians who now cannot work as a result of being furloughed after the facilities they were working at closed.


NY: Fewer New Hospitalizations; Patients Being Treated Doubled
The coronavirus has killed more than 16,600 people in the United States — second only to Italy. The state of New York has recorded more than 7,000 deaths, though Gov. Andrew Cuomo says there continue to be encouraging signs that the rate may be leveling off, including fewer new hospitalizations. However, the number of patients being treated at overflow hospitals in New York City has more than doubled in the last two days, according to the Department of Defense. (NPR, April 9)


Gov. Cuomo Calls for Congressional Funding Aid
Gov. Andrew Cuomo renewed his call for federal action to help New York during the coronavirus pandemic on Thursday, arguing that congressional aid, including enhanced Medicaid funding, has fallen woefully short.

Hours after a partisan stalemate sidelined new coronavirus relief in the U.S. Senate, Cuomo urged Congress to approve federal legislation that stabilizes state and local governments.

“To our federal representatives … this is no time for politics. This is a time to enact the legislation that actually addresses the need,” he said at a morning news conference. “I was in Washington for eight years; I get how the political process works in Washington. Not here and not now, my friends.”

Cuomo said, however, that he’s “not that confident” the federal government will take such action.

Legislation offered by Senate Democrats on Thursday would have given New York state government as much as $16 billion in new federal aid. The bill was blocked as chamber Republicans and Democrats rejected each others’ coronavirus aid proposals.

He took particular issue with enhanced Federal Medicaid Assistance Percentage, or FMAP, dollars approved last month — funding which the governor repeatedly criticized while finalizing his fiscal year 2021 budget.

“They passed legislation that was enacted, we were told would bring $6 billion to health care. When we did our state budget a couple of weeks ago, we believed what they said, and thought we were looking at $6 billion in health care funding,” he said. “Turns out when we actually read the language it was actually about $1.3 billion for the state of New York … and the funding disqualified one-third of New York’s Medicaid recipients, which nobody said.”

The New York State Association of Counties, which previously urged the governor to use the eFMAP funds, joined Cuomo in urging the state’s congressional lawmakers to pass a new stimulus bill that increases federal Medicaid assistance and provides unrestricted funding for lost revenue.


WEBINAR

“COVID-19 for Office-Based Physicians: How to Handle Surge & Psychological First Aid” 

CME Webinar on April 29th
Registration Now Open

MSSNY announces a new webinar related to the COVID-19 pandemic, Medical Matters: COVID-19 for Office-Based Physicians: How to Handle Surge & Psychological First Aid on April 29th at 7:30am.  Faculty for this program is William Valenti, MD and Craig Katz, MD.

Registration is now open for this webinar.   

Educational objectives are:

  • Explore the role of office-based physicians during the COVID-19 pandemic
  • Describe surge preparedness procedures for infectious disease outbreaks
  • Identify wellness and resiliency strategies to use during infectious outbreaks

To view a flyer for this program, please click here.

To view the companion pieces to this webinar, be sure to go to https://cme.mssny.org and view Medical Matters: Coronaviruses 2020: COVID-19 An Evolving Story recorded on March 18, 2020 and Medical Matters: Psychosocial Dimensions of Infectious Outbreaks recorded on April 1, 2020.

Additional information or assistance with registration may be obtained by contacting Melissa Hoffman at mhoffman@mssny.org.

The Medical Society of the State of New York is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The Medical Society of the State of New York designates this live activity for a maximum of 1.0 AMA PRA Category 1 credits™.  Physicians should claim only the credit commensurate with the extent of their participation in the activity. 

AMA

AMA Offers New Financial and Employment Resources for Physicians
 The AMA announced two new resources for physicians in response to the unique financial and employment challenges posed by the COVID-19 pandemic. The Know Your Rights: Navigating Physician Employment During COVID-19 Guide and Physician Practice Financial Relief Guide build on the AMA’s continued efforts to equip physicians and their practices with the latest, up-to-date information and resources necessary to navigate the changing landscape of COVID-19.

“From protecting fair and just working conditions to helping offset financial hardship, the AMA is working to help all physicians who are facing remarkable, unforeseen challenges due to COVID-19,” said AMA President Patrice A. Harris, M.D., M.A. “These timely and topical resources were designed to help physicians focus on what they do best: treat patients and save lives.”


Know Your Rights: Navigating Employment during COVID-19  
The Know Your Rights: Navigating Employment During COVID-19 guide helps physician employees and contractors of hospitals, health systems and other entities navigate the challenges and unique circumstances presented by COVID-19. It includes strategic, legal, and contractual considerations for physicians dealing with issues such as the financial distress of their employer, changes in clinical service demand, and growing anxiety related to caring for patients diagnosed with COVID-19.

Other topics covered in the guide include:

  • An overview of employment law applicable to changes of compensation and services, ranging from information on the application of contract law to employment relationships.
  • What to consider when negotiating compensation and other details in connection with continued employment/retention strategies, including attention to what is feasible under new blanket waivers under the Stark law, hazard pay opportunities and others.
  • Key issues in connection with exit strategies and packages, including severance/transitional support, waivers of non-compete provisions, non-solicit provisions, divestiture or retention of personal investments (e.g. enterprises / ASCs), and access to resources (EHR, personnel, telehealth technology, etc.).

AMA Physician Practice Financial Relief Guide
The AMA’s new Physician Practice Financial Relief Guide highlights the various options established by the federal government to help physician practices offset the financial impact of COVID-19, including:

Many of these programs were enacted into law after significant AMA COVID-19 advocacy with the U.S. Congress and Administration as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Families First Coronavirus Response Act and are now being implemented by federal agencies.

Additional information and resources to help physicians navigate the COVID-19 pandemic can be found on the AMA’s COVID-19 Resource Center.

CDC

COVID-19 Update: Guidance on Exposed, Asymptomatic Workers; CPR Recommendations; Case for Face Masks / Convalescent Plasma Guidance
The CDC says that critical infrastructure workers who have been exposed to SARS-CoV-2 but are not symptomatic can continue to work under certain conditions:

·     Employees’ temperatures should be taken, and symptoms assessed before work resumes, and they should regularly self-monitor. If employees develop symptoms, they should not work.

·     A face mask should be worn for 14 days since the last exposure.

·     Employees should maintain a 6-foot separation from one another if possible.

·     Workspaces should be regularly cleaned and disinfected, particularly areas that are commonly touched.

This guidance applies to workers in 16 sectors, including healthcare, law enforcement, agriculture, and transportation.

In other novel coronavirus disease (COVID-19) news:

Several medical groups have compiled recommendations for helping patients in cardiac arrest who have confirmed or suspected COVID-19. For instance, lay rescuers and the patient can wear face masks to help reduce the risk for viral transmission. The recommendations appear in Circulation.

  • An analysis in The BMJ makes a case for the public wearing face masks, even when the evidence doesn’t overwhelmingly support their use. The authors write: “As with parachutes for jumping out of aeroplanes, it is time to act without waiting for randomised controlled trial evidence… Masks are simple, cheap, and potentially effective. We believe that, worn both in the home (particularly by the person showing symptoms) and also outside the home in situations where meeting others is likely (for example, shopping, public transport), they could have a substantial impact on transmission with a relatively small impact on social and economic life.”
  • The FDA has published guidance on collection and use of convalescent plasma as a potential treatment for COVID-19.

LINK(S):

CDC interim guidance (Free)
Cybersecurity and Infrastructure Security Agency memo on critical infrastructure workforce (Free)
CDC guidance on disinfecting surfaces (Free)
Circulation article on CPR guidance (Free PDF)
The BMJ analysis (Free)
FDA guidance on convalescent plasma (Free PDF)
NEJM Journal Watch COVID-19 page (Free)
NEJM COVID-19 page (Free)


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98point6 is Looking for Part-time, Per Diem Physicians to help Address COVID-19 Volumes
Virtual care can play a pivotal role in keeping our communities safe and will be an increasingly important part of the fight to mitigate COVID-19. As an on-demand, text-based virtual care service, 98point6 is now hiring part-time physicians to expand our reach of care as clinic volumes continue to grow. We are deeply committed to delivering an incredible patient experience. Through an expedited credentialing and training process, we will be able to add physicians to our pool within one week of hire date. If you are interested in joining the 98point6 team apply here today.


CALL FOR RATES & INFO. CHRISTINA SOUTHARD: 516-488-6100 ext. 355

COVID-19 Update – April 8, 2020

Health Care Workers Needed to Volunteer in NYC!


NY Statistics for COVID-19
New York State accounts for 36% of the country’s 337,971 COVID-19 cases, according to data as of Monday morning from Johns Hopkins University. About three-quarters of New York State residents are concerned the coronavirus crisis will cause them serious financial problems, according to a new poll released Monday.

The virus has led to closure of nonessential businesses in the state. The state’s Department of Labor processed more than 369,000 initial unemployment applications in the week that ended March 28, representing a 2,674% increase compared with the same week last year. (WSJ, April 8)


Notes from Governor Cuomo’s COVID-19 Briefing:

-NY PAUSE and social distancing have been working to flatten the curve for the
moment. The Governor said stopping such measures could change numbers
and result in an increase in cases.
– Number of patients hospitalized is down, 3-day average trend down, large
hospital systems reporting higher levels of releases than intakes.
– Have managed to increase capacity and share equipment among hospitals.
The Governor said if hospitalization rate continues to decrease, the system
should be able to stabilize over the next couple of weeks and reduce the need
for overflow systems.
– Must continue social distancing to achieve this.
BAD NEWS: Highest single death toll, 779 people, seen overnight. Number
of deaths will continue to rise as those hospitalized for a longer amount of time
pass.
– For perspective, the Governor said 2,753 lives were lost in 9/11 and 6,268
have passed from COVID-19.
– Flags will be set at half-staff in honor of the lives lost.
– Need to learn and develop a “new normal” through public health preparedness
and increasing hospital capacity. Additionally, have found new ways of using
technology (celebrated the development of a virtual court system, telehealth,
working from home, and online education).
– Still have to develop a testing capacity. Those who are negative or developed
antibodies will be able to return to work from this testing.
– Will be conducting more testing in minority populations to better understand
disparities. Research and testing to be conducted by SUNY Albany’s Dr. Havidan
Rodriguez and DOH/Northwell Health. The Governor said this will begin soon.
– Will be issuing an additional $600 payment to all unemployed NYers; the State
expects to be reimbursed by the Federal government at some point.
– Unemployment benefits will be expanded for an additional 13 weeks
(totaling 39 weeks).
– By executive order, absentee ballots will be allowed for the June 23rd primaries.
– Mercury Medical donated 2,400 BiPap machines, which were flown to NY from
Florida for free courtesy of Jet Blue. He also thanked Oregon, Washington, and
California for helping with ventilators.
– Commended the efforts of public health workers and first responders.
– Will be starting new social media campaign, “Who Are You Staying Home For?”
– Examples include healthcare workers, public health, family members.
– Social distancing violation fines have been doubled, as previously mentioned.
– PASSOVER: Wished the Jewish community a Happy Passover,
noted previous anti-Semitic events from earlier in the year. Used Passover
as an example for how to improve, explaining that it is based on analyzing the past
and determining the future.

NEWS SUMMARY

1. President Donald Trump said the U.S. may end funding to the World Health Organization. Trump later clarified that his administration has not yet decided to end funding for the agency but will be looking into it. The U.S. has provided $893 million during WHO’s current two-year funding period, nearly 15 percent of its total funding, according to the organization’s website, cited by STAT. 

2. Black people appear to be dying from COVID-19 at disproportionately high rates across the U.S., though many states and officials haven’t been tracking or reporting racial data, USA Today reports. Emerging studies found that black people accounted for 29 percent of confirmed cases and 41 percent of deaths in Illinois as of April 6, despite only making up 15 percent of Illinois’ population, according to STAT. Similar trends appear in Michigan and Wisconsin.

The White House, civil rights groups and lawmakers have urged federal health officials to publish racial data as deaths soar in cities with significant black populations, such as Detroit, New Orleans and New York, according to USA Today.

3. Ventilators may be being overused for COVID-19 patients, some physicians say, according to STAT. Many critical care physicians are reevaluating the widespread use of ventilators after observing that some COVID-19 patients with fatally low blood oxygen levels aren’t gasping for air. That, as well as noting that these patients’ hearts are not racing and their brains don’t show signs of oxygen deficiency, is making some physicians suspect that blood oxygen levels might be misleading care for COVID-19 patients and perhaps numerous patients could instead be treated with less intensive respiratory support.

4. The Drug Enforcement Administration will increase production quotas for several drugs in high demand amid the pandemic, according to an April 7 announcement. The agency is increasing quotas for pharmaceutical manufacturers producing medications in high demand, as well as increasing imports of necessary medications for patients on ventilators.

5. New York City reported 731 COVID-19 deaths in one day, along with an ‘unusually high’ increase in related cases and hospitalizations between April 6-7. The spike is due to both a lag in reports from labs and a large transfer of data from patients hospitalized before April 6. New data from New York state also revealed that 61 percent of 5,489 COVID-19 deaths in the state were among men, and 86 percent of the deaths were among individuals with underlying illnesses. Additionally, 63 percent of deaths were among those 70 years and older.

6. General Motors will build 30,000 ventilators for the national stockpile under a $489.4 million contract with the federal government. The company will deliver the first 6,123 ventilators by June 1, according to the contract invoked under the Defense Production Act.

(Becker’s Hospital Review, April 8)

Worldwide, 1,446,242 COVID-19 cases and 83,424 deaths have been reported, while 308,146 people have recovered from the illness as of 8:30 a.m. CDT April 8.


A Breakdown of Six of the Most Promising COVID-19 Treatments
Hundreds of drugs are being tested to treat COVID-19, the disease caused by the novel coronavirus. Below are six of the most promising treatments, according to Business Insider:

  1. Remdesivir— Gilead’s drug, already tested on other viruses, remdesivir has been a front-runner as a possible COVID-19 treatment. The World Health Organization has called it “the most promising candidate,” and there are five active clinical trials testing its effectiveness against COVID-19 taking place in China, the U.S. and South Korea, according to Business Insider.
  2. Kaletra— Kaletra is an HIV drug made by AbbVie. Although a study published March 18 in the New England Journal of Medicine said Kaletra didn’t show benefits in COVID-19 patients, the WHO said it will conduct a global study on four experimental treatments, including Kaletra, according to Business Insider.
  3. Actemra and Kevzara— Actemra, made by Roche, and Kevzara, made by Regeneron and Sanofi, are both classified as IL-6 inhibitors and may work by stopping a biological mechanism that causes overactive inflammatory responses in patients’ lungs, according to Business Insider. Both drugs are being tested in late-stage clinical trials.
  4. Convalescent plasma— Convalescent plasma is blood plasma taken from COVID-19 patients who have recovered from the disease. That plasma contains antibodies that could help sick patients and boost their immune response, according to Business Insider. So far, two trials have shown promising results.
  5. Chloroquine and hydroxychloroquine— Chloroquine and hydroxychloroquine are both antimalarial drugs. President Donald Trump has expressed hope for chloroquine’s potential in treating COVID-19. The scientific community has not yet definitively confirmed its clinical effectiveness for this virus.
  6. Avigan— Avigan is a flu drug made by Japan-based Fujifilm Toyama Chemical. A trial conducted in China showed Avigan helped patients recover seven days faster than patients on another antiviral drug called arbidol, and it also reduced the frequency of symptoms like coughing and fever, according to Business Insider. However, the drug is not approved in the U.S.  Read the full article here. (Becker’s Hospital Review, April 8)

Worldwide, 1,446,242 COVID-19 cases and 83,424 deaths have been reported, while 308,146 people have recovered from the illness as of 8:30 a.m. CDT April 8. (Becker’s Hospital Review, April 8)


The Four Benchmarks Needed to End Social Distancing
Until there is a vaccine or effective treatment against COVID-19, states should direct efforts toward four major criteria that will help determine local progress, according to a report cited by The New York Times.

The report was written by Scott Gottlieb, MD, former FDA commissioner; Caitlin Rivers, PhD, assistant professor at Baltimore-based Johns Hopkins Center for Health Security; Mark McClellan, MD, PhD, director of the Robert J. Margolis Center for Health Policy and professor at Durham, N.C.-based Duke University; Lauren Silvis, former FDA chief of staff; and Dr. Crystal Watson, senior scholar and assistant professor at Johns Hopkins Center for Health Security. 

Criteria that will determine if and when areas can come out of lockdown:

  1. Hospitals must be able to safely treat all patients needing hospitalization without resorting to crisis standards of care. This is the first standard to meet and the focus of most health officials, according to the authors. Currently, there’s no reason to believe any area meets this criteria, and many local outbreaks aren’t predicted to peak for weeks.
  2. A state needs to be able to test at least everyone with symptoms. Nationwide, about 750,000 tests would be needed a week, and that’s not including areas with major outbreaks. On a smaller scale, states would need to test every person who may be infected and receive the results in a timely manner. The third requirement cannot be achieved until the second occurs.
  3. The state can monitor confirmed cases and contacts. A robust system of contact-tracing and isolation is the only thing that can prevent outbreaks and sequential lockdowns, the authors write. Scaling up some areas’ public health systems to handle such a task would take significant time and money, NYT notes. Other countries have used cellphone-tracking technology to determine who people have been near, but it’s unclear if the U.S. would allow such a tactic.
  4. Cases must continue to decrease for 14 days. It can take up to two weeks for COVID-19 symptoms to emerge, so if the number of cases drops steadily for that much time, officials can be reasonably sure suppression has been achieved, or that every infected person is infecting fewer than one other. (Becker’s Hospital Review, April 8)

NYC First Responders: Dwindling PPE and Many Out Sick
New York City’s first responders — paramedics, EMTs, firefighters, and police officers — continue to man the front lines of the COVID-19 epidemic, despite dwindling amounts of protective equipment and an increasing proportion of their workforce out sick. They are struggling to avoid getting sick, while working increasingly demanding shifts and managing call volume surges. Vincent Variale, president of the Uniformed EMS Union Local 3261 in New York, said that normal medical call volume is about 4,000 calls a day. Now, EMS providers are responding to more than 6,500 calls daily. They’re also managing longer workdays, rationing protective gear, and following guidelines that continue to change as hospitals overcrowd with patients.

Last week, for instance, New York City enacted new guidelines for patients in cardiac arrest. If paramedics and EMTs cannot save a patient who is in cardiac arrest in the field, they are being instructed not to take them to the hospital. In New York, this shortage of masks has prompted instructions to firefighters that they use N95 masks only during procedures that might generate aerosols, including intubation, asthma treatment, and cardiac arrest care. (Medpage, April 8)


Comfort Will Be Able to Treat 500 COVID-19 Patients
Gov. Cuomo told reporters on Tuesday the Comfort will be able to treat up to 500 COVID-19 patients, about half of its original expected capacity. The governor said the shift from non-COVID-19 patients to coronavirus cases led to the elimination of 500 beds. The military-run hospitals at the Javits Center and onboard the USNS Comfort remain mostly empty — so far treating only 110 patients between them.


Hospitals: “Fed Gov. Seizing Medical Supplies, Leaving Doctors in Dark”
The Los Angeles Times (4/7) reports that although the President “has directed states and hospitals to secure what supplies they can, the federal government is quietly seizing orders, leaving medical providers across the country in the dark about where the material is going and how they can get what they need to deal with the coronavirus pandemic.” Hospital and clinic officials in seven states “described the seizures in interviews over the past week.”

The Federal Emergency Management Agency “is not publicly reporting the acquisitions, despite the outlay of millions of dollars of taxpayer money, nor has the administration detailed how it decides which supplies to seize and where to reroute them.”


Researchers Say Diabetes Does Not Increase Risk of Coronavirus Infection but is Tied to Higher Mortality Among the Infected
Healio (4/7) reports researchers examined data from China and Italy and concluded that while “adults with diabetes are no more likely to contract” coronavirus “than people without diabetes,” they “could be up to twice as likely to die from complications” tied to the infection.

The researchers wrote a letter to the Journal of Endocrinological Investigation sharing their findings. Gian P. Fadini, MD, PhD, an associate professor of endocrinology at the University of Padova in Italy and one of the letter’s authors, said, “Diabetes does not increase the risk of new coronavirus infection, but it can worsen the outcome of COVID-19. People with diabetes can be reassured they are not at higher risk for becoming infected, but they have to pay additional attention to symptoms and signs of disease progression.”


MEDICAL ECONOMICS

WC Board Extends Formulary Deadline for Prescription Renewals to Jan 1, 2021
In response to widespread health care industry challenges due to COVID-19, the Chair of the New York State Workers’ Compensation Board (Board) has modified the New York Workers’ Compensation Drug Formulary (NY WC Formulary) regulation (12 NYCRR 441.3(a)(2)) to extend the deadline by which all health care providers must obtain prior authorization for renewals of non-formulary medications from June 5, 2020, to January 1, 2021.

The six-month extension to January 1, 2021 will:

· Reduce the impact that the COVID-19 emergency may have on health care providers’ ability to implement the requirement.

· Provide more time to health care providers to ensure that prescription renewals are consistent with the NY WC Formulary.

· Ensure that the current health crisis does not negatively affect injured workers, especially those who are on certain medications that are non-formulary agents.

This extension also aligns with the expected implementation of the first phase of the Board’s Business Information System (BIS) Project. In the first phase, the Board will roll out a new web-based portal through which providers can request and manage prior authorization and variance requests related to treating injured workers, taking common forms (MG-1, MG-2, and C4-Auths) and related processes online.

The new portal will promote greater access for health care providers, quicker response times for prior authorization requests, and greater system reliability – resulting in the improved delivery of care to injured workers. For more information, please visit the Board’s website at wcb.ny.gov.


CMS OKs $34B for Providers with Accelerated/Advance Payment in One Week
CMS has delivered near $34 billion in the past week to the healthcare providers on the frontlines battling the 2019 Novel Coronavirus (COVID-19). The funds have been provided through the expansion of the Accelerated and Advance Payment Program to ensure providers and suppliers have the resources needed to combat the pandemic.

The streamlined process implemented by CMS for COVID-19 has reduced processing times for a request of an accelerated or advance payment to between four to six days, down from the previous timeframe of three to four weeks.  In a little over a week, CMS has received over 25,000 requests from health care providers and suppliers for accelerated and advance payments and have already approved over 17,000 of those requests in the last week.

The payments are available to Part A providers, including hospitals, and Part B suppliers, including doctors, non-physician practitioners and durable medical equipment (DME) suppliers. While most of these providers and suppliers can receive three months of their Medicare reimbursements, certain providers can receive up to six months.

The advance and accelerated payments are a loan that providers must pay back. CMS will begin to apply claims payments to offset the accelerated/advance payments 120 days after disbursement. Part A providers and Part B suppliers will have up to 210 days to complete repayment of accelerated and advance payments, respectively.

It is important to note, this funding is separate from the $100 billion provided in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act appropriation is a payment that does not need to be repaid. The Department of Health and Human Services (HHS) will be providing additional information on how healthcare providers and suppliers can access CARES Act funds in the coming weeks.

The fact sheet on the accelerated/advance payment process and how to submit a request can be found here: Fact Sheet Providers can also contact their Medicare Administrative Contractor for any questions.


CMS Office Hours on COVID-19
You are invited to CMS “Office Hours” on COVID-19, Thursday, April 9th from 5:00 – 6:00 PM EST, the next in a series of opportunities for hospitals, health systems, and providers to ask questions of agency officials regarding CMS’s temporary actions that empower local hospitals and healthcare systems to:

·        Increase Hospital Capacity – CMS Hospitals Without Walls;

·        Rapidly Expand the Healthcare Workforce;

·        Put Patients Over Paperwork; and

·        Further Promote Telehealth in Medicare

We encourage you to submit questions in advance to partnership@cms.hhs.gov, including “Office Hours” in the subject line. There will also be live Q&A.

Dial-in details below. Conference lines are limited, so we highly encourage you to join via audio webcast, either on your computer or smartphone web browser. You are welcome to share this invitation with your colleagues and membership.

Toll-Free Attendee Dial In: 833-614-0820

Event Plus Passcode: 1881716


 

 

COVID-19 Update April 7, 2020

Latest COVID-19 Statistics
NYS Health COVID-19 Tracker
https://covid19tracker.health.ny.gov/views/NYS-COVID19-Tracker/NYSDOHCOVID-19Tracker-Map?%3Aembed=yes&%3Atoolbar=no&%3Atabs=n


Dr. Fauci: “Good Signs from New York”
While Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, was quick to caution that the U.S. still has much work to do amid this public health emergency, he pointed to “good signs” from New York, citing data saying the numbers of hospitalizations, ICU admissions and requirements for intubations over the last three days have started to level off. “You never even begin to think about claiming victory prematurely, but that’s the first thing you see when you start to see the turnaround.” Dr. Fauci stressed the importance of continued mitigation and social distancing.


NYS DOH Deaths: Majority of 4700 Deaths Were Males with Underlying Illnesses
The majority of New York’s more than 4,700 deaths due to coronavirus were among men, and 86% of all deaths were among people who had underlying illnesses, such as hypertension and diabetes, new state data showed.

The statistics released late Monday offered the latest glimpse into how the rapidly spreading virus has impacted New Yorkers and made the state the epicenter for COVID-19 in the nation.

  • Of the 4,758 deaths in New York since the first one March 14, 61% were men and 39% were women, the state Department of Health reported on its new data portal.
  • In addition, 63% of the deaths were among those age 70 and older. Just 7% of the cases were those who were 49 and younger.
  • And 4,089 of those who died had at least one other chronic disease, the records showed:
  • The leading underlying illness was hypertension, which showed up in 55% of the deaths. Next was diabetes, which was diagnosed in 1,755 deaths, or about 37% of the cases. Other top illnesses found in those who died from coronavirus were hyperlipidemia; coronary artery disease; renal disease and dementia, which was apparent in about 16% of cases.

Less Than 2% of COVID-19 Cases Involve Children
Less than 2% of U.S. COVID-19 coronavirus cases have been in children, with infants more likely to be hospitalized than older children, researchers found.

From February 12 to April 2, individuals under age 18 accounted for 1.7% of the nearly 150,000 overall U.S. COVID-19 cases with data on age — far fewer than might be expected from their representation in the population as a whole (24%), reported Lucy McNamara, PhD, of the CDC’s COVID-19 Response Team, and colleagues in an early Morbidity and Mortality Weekly Report release.

Fewer children reported “typical” symptoms of fever, cough, or shortness of breath compared to adults, the analysis also found.

As well, hospitalization rates among children were much lower than in adults, though hospitalization was more common among both infants and children with underlying conditions, such as asthma.


MEDICAL ECONOMICS

Statistics from Health Metrics: April 9 Will Be High Point for Deaths in NY
According to the University of Washington’s Institute for Health Metrics and Evaluation, “New York’s high point for deaths in a single day of 878 will arrive April 9,” daily deaths will return to zero by May 8, and the state’s total death toll will be 15,618. New York’s high point for deaths in a single day of 878 will arrive April 9, according to the university’s Institute for Health Metrics and Evaluation, which is funded by the Bill & Melinda Gates Foundation. Deaths in the state will total 873 on April 12 before beginning a steady decline.


Getting Paid for Virtual Encounters
CMS previously only reimbursed for virtual encounters in designated rural environments and the patients had to be physically present in a healthcare facility during the interaction. With the COVID-19 pandemic impact, CMS re-emphasized the programs initiated during the 2019 and 2020 Medicare Physician Fee Schedule Final Rules and expanded its prior telehealth reimbursement rules. For a straightforward three-minute read, the following is a good guide to getting paid.


SBA Loans Available for Physicians
Here is a link to an AMA Q&A on the SBA loan/grant program and other pools of funds potentially available for physicians under the recent CARES Act.


MSSNY Joins Others: Urges HHS to Fund One Month of Physician Payments
MSSNY joined AMA, State and Specialties Sign on to HHS Urging CARES Act fund to cover at least one month of payments to physician practices.


MSSNY Quick Chat: Paycheck Protection Program, Economic Injury Disaster Loans and Emergency Grants, and Small Business Debt Relief
PPP is just getting started and has limits. Important to make application ASAP! The landscape is changing daily. Latest info here.


New Video Available on Medicare Coverage and Payment of Virtual Services
CMS released a video providing answers to common questions about the Medicare telehealth services benefit. CMS is expanding this benefit on a temporary and emergency basis under the 1135 waiver authority and Coronavirus Preparedness and Response Supplemental Appropriations Act.


Five Takeaways: OIG’s New Report on Hospitals’ COVID-19 Challenges
HS’ Office of Inspector General released a report April 6 that details the challenges hospitals are confronting due to COVID-19, how they are responding, and what they are asking of the government to better meet their needs during the coronavirus crisis.

The OIG conducted brief telephone interviews March 23-27 with administrators from 323 hospitals across 46 states, the District of Columbia and Puerto Rico, which were part of a random sample. Hospital administrators shared the following challenges their organizations face in response to COVID-19, as well as how they would like the government to respond:

  1. Challenge: Severe shortages of testing supplies and extended waits for results.Hospitals reported frequently waiting seven days or longer for test results, which results in several “rule-out” cases that strain existing challenges with staffing, bed availability and shortages of personal protective equipment. According to one hospital, 24 hours is typically considered a long turnaround time for virus testing.

Hospitals’ ask: Hospitals expressed a need for greater coordination from the federal government around testing kits and supplies to provide “equitable distribution of supplies throughout the country,” according to the report. Hospitals also asked for the government to provide testing kits, take steps to ensure that supply chains can provide hospitals with a sufficient supply of tests, and expedite results by allowing more entities to produce and conduct tests.

  1. Challenge: Widespread shortages of PPE.Hospital administrators reported higher than normal use of PPE contributed to shortages, as well as a disrupted supply chain. One administrator said their hospital’s purchaser reported delays of three to six months for key supplies, including N95 masks. At the time of their interview, some hospital administrators noted that they had not received supplies from the federal stockpile, or that the supplies they had received were insufficient in quantity or quality. Several hospitals reported sharp price increases for supplies, including one administrator who cited a mask that previously cost 50 cents is now $6.

Some hospitals have turned to nontraditional sources of medical equipment and supplies, such as online retailers, home supply stores, paint stores, auto body shops and beauty salons. Staff have even assembled their own equipment from office supplies. Hospitals have also implemented conservation strategies, including reusing PPE (which is typically intended for single use) and limiting provider-patient interactions. As one administrator told the OIG: “We are throwing all of our PPE best practices out the window.”

Hospitals’ ask: Hospitals asked for the government’s support in obtaining a range of supplies and equipment, noting that they were in competition with other providers for limited supplies. Government intervention and coordination, they said, could help reconcile this problem. They also want the government to loosen restrictions around the transfer or gifting of equipment and supplies.

  1. Challenge: Difficulty maintaining adequate staffing and supporting staff. Hospitals cited need for specialized staff, concerns that staff exposure to the virus will exacerbate shortages and overwork, and concerns about the emotional toll that staff face.

Some administrators said their hospitals were training certain medical staff, like anesthesiologists, hospitalists and nurses, to help care for patients on ventilators. Those with partnerships with large health systems also said they can deploy medical staff to other hospitals in the system that may be experiencing a shortage. Hospitals are also offering support to staff, including childcare, grocery services, hotel accommodations and mental health services.

Hospitals’ ask: Hospitals want the government to enable reassignment of licensed professionals and realignment of duties within the hospital and throughout their healthcare networks; provide flexibility with respect to licensed professionals practicing across state lines; and provide relief from regulations that restrict the practice of contracted staff or physicians based on business relationships.

  1. Challenge: Decreased revenue, increased costs and gaps in reimbursement. Hospitals have essentially stopped elective procedures and many other services, which accounts for a substantial portion of hospitals’ revenue. At the same time, costs have increased as hospitals prepare for a potential surge of patients by purchasing extra equipment, remodeling rooms for negative pressure, or setting up drive-thru clinics and tents. Furthering this problem is gaps in reimbursement, such as reimbursement for telehealth services that doesn’t cover the hospitals’ costs. Hospitals also reported difficulty in getting reimbursed for treating patients in nontraditional spaces due to a lack of qualifying billing codes for care in these locations.

Hospitals’ ask: Hospitals of all types reported need for financial assistance, with some expressing need for assistance in a matter of weeks to avoid insolvency. Hospitals told the OIG they want the government to expedite Medicare payments by dropping the 14-day wait period and to offer loans and grants. [Editor’s note: CMS has adjusted Medicare payment policies to expedite payment and extend 100 percent reimbursement for six months, among other changes, which are detailed here.]

  1. Challenge: Changing and/or inconsistent guidance from authorities.Hospitals said fluctuating guidance from officials and agencies at the federal, state and local level has contributed to confusion, fear and distrust among staff and the public. One administrator pointed to CDC guidance on the use of face masks, which differed from the guidance issued at the state level. “It’s difficult when a doctor or nurse shows you legitimate information from legitimate sources and they’re contradictory,” one administrator told the OIG.

Hospitals’ ask: Hospitals said the federal government could play a central role in messaging and communications to mitigate what they perceive as conflicting or inconsistent guidance across levels of government. Specifically, hospitals want the government to provide evidence-based guidance, reliable predictive models and data, and a single place to find information they need. (Becker’s Hospital Review, 4/7)

 

 

COVID Update April 6, 2020

Latest COVID-19 Statistics
The state reported 130,689 confirmed cases and 4,758 deaths as of Monday morning, including 72,181 cases in New York City, 15,616 in Nassau County, 14,294 in Westchester County, 13,487 in Suffolk County, 5,703 in Rockland County, 3,397 in Orange County, 1,189 in Dutchess County, 1,023 in Erie County, 574 in Monroe County and 372 in Ulster County.

As of Monday morning, New York City reported 2,475 deaths (here is the breakdown of deaths by borough) and 22,276 confirmed cases in Queens, 18,215 in Brooklyn, 13,397 in the Bronx, 9,624 in Manhattan, and 3,780 in Staten Island. More numbers can be found here. City & State (April 6)

NYS DOH Tracker
https://covid19tracker.health.ny.gov/views/NYS-COVID19-Tracker/NYSDOHCOVID-19Tracker-DailyTracker?%3Aembed=yes&%3Atoolbar=no&%3Atabs=n

Latest National COVID-19 Statistics
More than 10,000 people have now died from COVID-19 in the U.S., as the pandemic’s horrible toll hit another milestone. The U.S. is reporting more COVID-19 cases than any country in the world, with nearly 350,000 people testing positive for the coronavirus, according to a COVID-19 dashboard created by the Johns Hopkins Whiting School of Engineering, which reports coronavirus numbers in near real time.


Gov. Cuomo: Clips from Press Conference
GENERAL COVID-19:

   – Federal gov’t might increase hydroxychloroquine and zithromax supply
and the State can then lift the 14-day limit on the drugs.
– Anecdotal evidence suggests the treatments have been positive.
– Governor has not heard reports of NYC plans to temporarily bury COVID
victims in City Parks. NY Post reported it earlier this morning.
– State is releasing 802 ventilators to the downstate area.  Surge and
-Flex program is focused on needs, and not wants.
– In response to reports of Orthodox Jewish communities continuing to
gather in large numbers for wedding and funerals, Gov stated that the
social distancing rule should be enforced:  “None of us has the right to
be reckless.”
– On ventilator usage, Governor stated that the state is currently
utilizing all back-up plans. Governor states that the hospital system
is “over-capacity.”
– State of California, in addition to Washington released ventilators.
No specifics given.
– At close of presser, Gov stated that we are not currently in need of
ventilators, which contrasts the statement that the state is currently
employing contingency plans due to ventilator usage.

Notes from the Governor’s briefing:
– Number of deaths effectively flat for past two days.
– Total hospitalizations, ICU admittance, intubations are all down.
– State looking at whether or not we’re in the apex, and if we’ll deal
with a peak or a plateau of case numbers.
– Dataset over past few weeks charts a lower bed count than earlier
models projected.  Malatras credits the social distancing actions with
putting downward pressure on the number of needed beds.
– Governor states that social distancing is working
– If we’re plateauing, we’re doing so at a high-level, and the
healthcare system is “red-line” stress.
– Surge and Flex program (inter-hospital / hospital system coordination)
continues, move 802 ventilators.
– Javits Center coming up to functionality now – relief for
hospitals.
– USNS Comfort: Governor requesting that the ship be used for COVID
use.  Non-COVID cases declined.  Gov wants it as relief valve for
downstate hospital system.  Gov calling President this afternoon.
– Federal Beds: Northwell Health will help manage, and US Military
personnel are staffing.

NEWS:
-Governor extending NY Pause until April 29.
– Governor is increasing maximum fine for violations of State social
distancing protocol.
– $500 maximum increased to $1,000.  “Not about the money, it’s
about the compliance.”
– State setting up COVID-19 First Responders Fund – help with costs
associated with continuing to work through the pandemic: Childcare…
– DOH will run the fund.
– Governor thanked Blackstone for a $10M donation.
– Headspace app will partner with NY to provide free services.


NYS COVID-19 Volunteer and Donation Assistance Program
Please use the following form to offer any donated goods, services, or space for use in New York’s response to the COVID-19 public health emergency.

All health care professionals offering their medical services should complete a separate survey found here. Anyone offering to sell goods should complete a separate procurement form found here. For offers of donated goods, services, or spaces, please click the next button at the bottom of this page to continue.

The U.S. COVID-19 case count is the highest in the world, with 337,971 cases as of 10:30 a.m. CDT April 6. Nationwide, 9,654 Americans have died from the virus, while 17,582 have recovered.

Worldwide, 1,289,380 COVID-19 cases and 70,590 deaths have been reported, while 270,372 people have recovered from the illness as of 10:30 a.m. CDT April 6.


New Video Available on Medicare Coverage and Payment of Virtual Services
CMS released a video providing answers to common questions about the Medicare telehealth services benefit. CMS is expanding this benefit on a temporary and emergency basis under the 1135 waiver authority and Coronavirus Preparedness and Response Supplemental Appropriations Act. Video


Survey: 73% of US Physicians Can’t Easily Test for COVID-19
About 73 percent of U.S. physicians reported being unable to test patients for COVID-19 quickly and easily, according to a recent Doximity survey. Researchers analyzed data from a survey sent to Doximity members, an online professional network consisting of about 70 percent of U.S. physicians. The survey, sent to registered physicians via email between March 21 and March 24, was completed by 2,615 physicians.


Medical Practices Shift to Telemedicine as COVID-19 Closes Offices
Now that patients have been cautioned to stay away from the hospital and the doctor’s office unless it’s essential during the current pandemic, health care providers are turning to virtual visits as a way to keep their offices up and running. But independent doctors and smaller practices have been on their own to find affordable options that could keep them connected to patients—and earning money.

The expansion of telemedicine could be a lifeline for smaller medical practices as they face looming rent, payroll and utility bills while the stream of patients seeking routine care is cut off.

“The first priority is taking care of patients,” said Dr. Inderpal Chhabra, a primary care doctor at the office Lefferts Medical Associates in New Hyde Park, Queens. “At the end of the day, we’re small-business owners also and have responsibility for our employees.”

In mid-March Chhabra realized he would have to close his office. He had treated several patients he suspected would test positive for Covid-19 and was worried that the respiratory disease might spread to his staff and other patients if he kept the doors open.

He wanted to continue providing treatment but hadn’t used telemedicine software in the past. He began researching options and chatting with several hundred doctors in a WhatsApp forum. He settled on Rochester-based company Doxy.me, which has designed a telehealth tool that doesn’t require patients to download an app.

“I’m just talking to a patient as if they’re in my own office,” Chhabra said. Chhabra said he pays Doxy $29 a month.

There are some medical services that only can be provided in person, however. Chhabra can’t take a patient’s blood pressure, check their lungs or do a full physical remotely, for example. He has had patients use their own blood-pressure cuff during a video visit to get that reading.

Chhabra still isn’t clear how he will be paid for the virtual visits. He said he is billing private insurance companies for them but won’t know whether they approve payment for about 60 to 90 days.

Medicare and Medicaid have said they will pay for telemedicine.

During the Covid-19 emergency, Medicare will pay for virtual office visits, mental health counseling and preventive screenings. The federal government is also allowing doctors to use their license across state lines, which makes physicians able to treat patients remotely in more places.

Dr. Arthur Fougner, president of the Medical Society of the State of New York and an OB/GYN at Northwell Health, said the society’s members have reported using telemedicine companies including Doxy and DrFirst. But, he said, the relaxed regulations also allow doctors to use regular consumer apps, such as Skype, FaceTime and WhatsApp, to conduct the calls.

The federal Office for Civil Rights at the U.S. Department of Health and Human Services, which enforces violations of the health privacy law, said it would not impose financial penalties for HIPAA violations if telehealth services were provided in good faith during the Covid-19 emergency.

“You’re putting social distancing ahead of any kind of legal issue,” Fougner said. “We need to keep people at home.” Crain’s Health Plus.

Gov Cuomo on TV

 

 

 

COVID-19 Update April 1, 2020


.
As New York physicians continue to fight on the front lines of the COVID-19 pandemic, our first priority is–and always has been–the health and well-being of our patients. But we can’t be thrown into this war zone without adequate tools. It is imperative that we are provided with the best available defense, including Personal Protection Equipment (PPE) and workplace practices and policies to reduce disease transmission. Unfortunately, despite everyone’s best efforts to facilitate the availability, we continue to hear far too many disturbing reports from physicians about inadequate PPE availability in the hospitals and office settings where they are delivering patient care.  This is shameful and must be addressed.

“In addition, physicians must retain the right to speak out about conditions that we perceive as endangering ourselves, our patients, and our colleagues’ well-being without fear of repercussion. Our patients’ welfare is our priority and we must retain our freedom to advocate for them, including expressing concerns regarding conditions and safety.”

Art Fougner, MD
President, Medical Society of the State of New York


New York State Statistics April 1, 2020
The coronavirus has infected more than 76,000 people in the New York State as of Wednesday morning.

The state’s new cases on Tuesday made New York the coronavirus epicenter of the world, surpassing China’s Hubei province, which reported 67,801 confirmed cases since the virus emerged there in December. Gov. Cuomo said 10,929 people have been hospitalized with the coronavirus, including 2,710 ICU patients.

Globally, the coronavirus has infected more than 873,767 and has killed at least 43,288 people, according to Johns Hopkins University data. In the U.S., the coronavirus has infected at least 189,633 people and has killed at least 4,081.

With 43,139 confirmed cases, New York City accounts for more than half of all cases in New York state.


Physicians, Share Your Experiences with MSSNY!
Do you have a story re your COVID-19 experiences to share with other New York physicians? We want to hear from you! Email to csouthard@mssny.org


NYSDOH Webinar Update for Healthcare Workers TOMORROW, April 2 @ 1-2 PM
Please join the NYS Department of Health Thursday, April 2nd at 1-2 PM for a COVID-19 update for healthcare providers. To accommodate the large number of participants, our webinar will be streaming via YouTube Live. For audio only, please dial in 844-512-2950.


Paycheck Protection Program (PPP) Information Sheet: Borrowers
The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone. The loan amounts will be forgiven as long as:

• The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8-week period after the loan is made; and

• Employee and compensation levels are maintained. Payroll costs are capped at $100,000 on an annualized basis for each employee. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs. Loan payments will be deferred for 6 months.

What do I need to apply? You will need to complete the Paycheck Protection Program loan application and submit the application with the required documentation to an approved lender that is available to process your application by June 30, 2020.

Click here for the application.


10 K Disaster Grant: Does Not Impact Qualification for Forgivable Loan) 75% Reserved; File Now! Do NOT Wait

Apply for a COVID-19 Economic Injury Disaster Loan NOW! 

In response to the Coronavirus (COVID-19) pandemic, small business owners in all U.S. states, Washington D.C., and territories are eligible to apply for an Economic Injury Disaster Loan advance of up to $10,000. To apply for a COVID-19 Economic Injury Disaster Loan, https://covid19relief.sba.gov/#/

The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million that can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing. The loan advance will provide economic relief to businesses that are currently experiencing a temporary loss of revenue. Funds will be made available within three days of a successful application, and this loan advance will not have to be repaid.  DO NOT WAIT!


Use of Telehealth Including Telephonic Services During State of Emergency
The intent of this document is to provide additional information regarding the broad expansion for the ability of all Medicaid providers in all situations to use a wide variety of communication methods to deliver services remotely during the COVID-19 State of Emergency, to the extent it is appropriate for the care of the member. This document is intended to accompany previously issued guidance regarding telehealth and telephonic communication services during the COVID-19 State of Emergency issued via Medicaid Updates beginning in March 2020, which are available on the Department of Health website here.


Medical Staff with Duncan Doughnuts
The New York Mets & Dunkin Donuts delivered coffee and donuts to the
staff at North Shore University Hospital (Photo by The New York Mets).

 

COVID-19 Update March 30, 2020


.
March 30 is National Doctors Day: We Salute Our Physicians Today and Everyday

Thank You flyer to doctors

Today, National Doctors Day, we take a moment to salute our physician heroes for their tireless commitment to the health of all New Yorkers. We are especially proud of our physicians during this time of national crisis, but heroes–our physicians–need support.

From what we are hearing from the front, in order to do the job that they’re being called on to do, physicians require the necessary equipment, especially the recommended Personal Protective Equipment (PPE) to continue to serve our patients in need. Please take a moment to remember those who risk it all to take care of you.

New Yorkers are all stronger together.

Art Fougner, MD
MSSNY President


Latest New York Coronavirus Statistics

  • 59,513– People who have tested positive for coronavirus in New York, as of March 29.
  • 57% – The percentage of those positive tests – 33,768 – in New York City.
  • 143,532 – The number of positive tests for coronavirus across the United States, as of March 30. 42% of U.S. cases are in New York.
  • 965 – The number of people who have died of coronavirus in New York state, as of the morning of March 29. The New York Times, compiling city and state figures, reported that the death toll now exceeds 1,000 in New York state.
  • 50% – The percentage of victims, at least in New York City, who are 75 years old or older.
  • 6,481– The number of people hospitalized for COVID-19 in New York, as of March 27. 1,583 of them are in the intensive car unit.
  • 140,000 – The number of hospital beds Cuomo expects New York will need at the apex of COVID-19 in the state. As of March 27, the state had a capacity of just 53,000.
  • 50% – How much Cuomo is mandating hospitals to increase their capacity – and asking them to go further, increasing capacity by 100% and doubling the number of hospital beds available.
  • 30,000 – How many ventilators Cuomo says New York will need at the apex of COVID-19, with 15,000 just for New York City.
  • 400 – The amount of ventilators the federal government, through FEMA, sent to New York on March 24. After complaints, the government sent 4,000 more.
  • 76,000 – The number of health care workers – including retirees and students – who have signed up to volunteer as part of New York’s surge health care workforce, as of March 29.
  • $1 billion – How much the New York state government had spent fighting coronavirus, as of March 25, with Cuomo expecting to spend “several billion dollars when we’re done.”

Stimulus Package Passed by Congress Provided Several Programs to Aid Physicians Through this Crisis
As reported in an AMA summary of the $ 2 trillion stimulus package enacted into law last Friday, here are some of the key provisions to benefit physicians:

Small business loans. Small businesses, including physician practices, with no more than 500 employees are eligible to apply for the Small Business Administration’s (SBA) section 7(a) Payroll Protection Program. For more information how physicians can access this program, click here.

This allows a small business to apply to an SBA-approved lender for a loan of up to 250% of the business’ average monthly payroll costs to cover 8 weeks of payroll as well as help with other expenses like rent, mortgage payments, and utilities. The maximum loan amount is $10 million. Sole-proprietors, independent contractors, and other self-employed individuals are eligible.

A loan can be forgiven based on maintaining employee and salary levels. For any portion of the loan that is not forgiven, the terms include a maximum term of 10 years, a maximum interest rate of four percent. Small businesses and organizations will be able to apply if they were harmed by COVID-19 between February 15, 2020 and June 30, 2020. This program is retroactive to February 15, 2020andare available through June 30, 2020.

Emergency loans.  Moreover, there was also Authorization for $10 billion in “emergency” Economic Injury Disaster Loan (EIDL) to eligible entities with not more than 500 employees. Allows an eligible entity that has applied for an EIDL loan to request an advance on that loan, of not more than $10,000, which the SBA must distribute within 3 days. Advance payments may be used for providing paid sick leave to employees, maintaining payroll, meeting increased costs to obtain materials, making rent or mortgage payments, and repaying obligations that cannot be met due to revenue losses

Financial support for hospitals, physicians, and others. Provides $100 billion through the Public Health and Social Services Emergency Fund to provide immediate financial relief by covering non-reimbursable expenses attributable to COVID-19. Health care entities, including physician practices, that provide health care, diagnoses, or testing are eligible. Non-reimbursable expenses attributable to COVID-19 qualify for funding.

Examples include increased staffing or training, personal protective equipment, and lost revenue. HHS is instructed to review applications and make payments on a rolling basis to get money into the health system as quickly as possible. HHS is given significant flexibility in determining how the funds are allocated and is expected to release guidance on the application process shortly.


Advance Medicare Payments to Help Physicians Through this Period
Moreover, CMS announced over the weekend a process for physicians to receive 100% of predicted Medicare payments for a 3-month period (Fact Sheet: Advanced Payment Program During COVID-19 Emergency).  Here is a recommended process for applying for these advanced payments shared with MSSNY by a medical practice, as well as some of the particulars of this program:
Process:

1. Go to your National Government Services (NGS) website and fill in, sign, and submit an Accelerated / Advance Payment request form for your practice.

2. Can request up to 100% of Medicare payment for a 3-month period.

3. Check box 2 (“Delay in provider/supplier billing process of an isolated temporary nature beyond the provider’s/supplier’s normal billing cycle and not attributable to other third-party payers or private patients.”); and

3. State that the request is for an accelerated/advance payment due to the COVID-19 pandemic

4. Will receive payment within 7 calendar days from the request.

5. Recoupment will begin 120 days after payment issuance date.

 Eligibility:

1.     Have billed Medicare for claims within 180 days immediately prior to the date of signature on the provider’s/supplier’s request form,

2.     Not be in bankruptcy,

3.     Not be under active medical review or program integrity investigation, and

4.     Not have any outstanding delinquent Medicare overpayments.

For further information, contact Regina McNally, VP of MSSNY’s Socio-Economic

Division at 516-488-6100 ext.332 or email rmcnally@mssny.org.

 

COVID-19 eNews March 25, 2020

CORONAVIRUS UPDATE:
The state reports 30,811 confirmed cases, and 285 deaths statewide, as of Wednesday morning, including 17,856 cases in New York City; 4,691 in Westchester County; 3,285 in Nassau County; 2,260 in Suffolk County; 968 in Rockland County; 638 in Orange County; 153 in Dutchess County; 152 in Albany County; 122 in Erie County; and 118 in Monroe County.


NYS DOH Update Tomorrow Thursday 1-2 PM
Please join the NYS Department of Health Thursday March 26th at 1-2PM for A COVID-19 Update for Healthcare Providers. To accommodate the large number of participants, our webinar will be streaming via YouTube Live:

For audio only, please dial in: 844-512-2950


TRACKING COVID-19

The CDC’s tracker of US COVID-19 cases. The CDC regularly updates their tracker with newly confirmed cases, including a state-by-state breakdown.

The WHO’s COVID-19 myth busters. This page clarifies common misconceptions about the virus and includes downloadable graphics staff can post on their units.


MSSNY President Dr. Art Fougner’s Editorial Appeared in Yesterday’s Empire Report
As I drove into the parking lot, I couldn’t help noticing the lack of cars. Thanks to the SARS CoV2 virus, hunkering down is now the new normal. Yet through it all, physicians are answering the call, adapting as only they can to the fluid situation. This is not without a cost. As in Italy, the healthcare workers casualties are mounting all too quickly. What hasn’t been emphasized enough is that those professionals are, much like the elderly and the immune-compromised, a very high-risk group for serious complications. And yet, as the FDNY and NYPD on September 11, your physicians, nurses and others are running to the fire while others are running away. Just the other day, one thousand retired medical personnel volunteered to back up beleaguered doctors and nurses on the front lines.

There’s a serious problem, however. We are all short of Personal Protective Equipment. We need this yesterday. Doctors seeing seriously ill patients without adequate protection and supplies is akin to firemen attempting to fight fire without hoses and water. And still, your doctors and nurses are hitting the ground running every day. This indomitable spirit should be an example to us all.

So, when you see a doctor or nurse, give them a hearty Thank You – an air high five or corona forearm bump will do. NY’s Healthcare Team is fighting the good fight for us all. In the words of Winston Churchill, “Never have so many owed so much to so few.” http://empirereportnewyork.com/arthur-fougner-doctor-new-york-our-finest-hour/

Art Fougner, MD
MSSNY President


High Points of Gov. Cuomo’s Announcement
Some points from the on-going Governor’s announcement.

  • NYC currently implementing social distancing plan:
    – closing streets to traffic for pedestrian use.
    – playground density reduction mandates.
    – no close contact sports, such as basketball.
    – if not followed, playgrounds will shut down.
  • Evidence is showing that the density control plan is working.  The doubling of hospitalization rates is spreading out across more days than earlier in the week.
  • As of today, PPE demand is satisfied for the next couple of weeks, but 3 weeks out there will again be a need.
    – Federal Government committed 4,000 ventilators (yesterday, the number was 400).
    – still working with feds for more ventilators, and still looking into splitting ventilators.
    – Governor states that they have purchased everything that can be purchased.
  • 40,000 responses from “Surge Healthcare Force”, the reserve healthcare workforce
    -6,175 mental health professionals signed up (hotline 1-844-863-9314) to provide services.
    – Working with feds to find vendors and using Defense Production Act to maximize production.
    – Working with feds on a rolling deployment plan (mentioned yesterday as a request) to meet needs of hot spots as they arise.  Redeployment of equipment, and personnel as state’s needs decline.
  • Governor described the $2 Trillion bill as “terrible” for NY. $3.8B for NYS, and $1.3B for NYC.

– Told the House to modify the bill.
(Moe Auster, Senior VP MSSNY Govt. Affairs)

Executive Order: Physicians Immune from Civil Liability for COVID-19 Services
As part of an Executive Order,  Governor Cuomo announced physicians and other health care practitioners would be “immune from civil liability for any injury or death alleged to have been sustained directly as a result of an act or omission by such medical professional in the course of providing medical services in support of the State’s response to the COVID-19 outbreak, unless it is established that such injury or death was caused by the gross negligence of such medical professional”.

While this is a very welcome development, at the same time, the Executive Order also contains several very concerning short -term waiving of laws, including physician supervision requirements for Certified nurse anesthetists, physician assistants and nurse practitioners.

The Executive Order also contains provisions that directs the Health Commissioner to cancel all elective surgeries and procedures, in “all general hospitals, ambulatory surgery centers, office-based surgery practices and diagnostic and treatment centers to increase the number of beds available to patients”.


State/Federal Agencies Encourage PTs to Receive Treatment Via Telehealth
There have been a number of important steps taken over the last week to better enable physicians to treat their patients via telemedicine. This week, CMS announced it was implementing rules to temporarily waive the limitations on providing telemedicine for their Medicare patients.

Also, very importantly, the federal Office of Civil Rights announced it was relaxing enforcement of HIPAA rules such that a physician “that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients”, and that OCR will “not impose penalties for noncompliance with the HIPAA Rules in connection with the good faith provision of telehealth using such non-public facing audio or video communication products during the COVID-19 nationwide public health emergency.”

This follows important steps taken by the New York State Department of Financial Services reminding insurers to cover telehealth services for patients including basic smart phone technology and waiving patient cost-sharing.  They also noted they would be strongly encouraging self-insured plans operating in New York State not subject to state regulation to follow these coverage and cost-sharing rules.  Moreover, a similar announcement was made by the New York State Department of Health including ensuring there is Medicaid and Medicaid Managed Care coverage for telephone visits.

In light of the COVID-19 nationwide public health emergency, the HHS Office for Civil Rights (OCR) is exercising its enforcement discretion and, effective immediately, will not impose penalties on physicians using telehealth in the event of noncompliance with the regulatory requirements under the Health Insurance Portability and Accountability Act (HIPAA). 

Physicians may seek to communicate with patients and provide telehealth services through remote communications technologies. Some of these technologies, and their use, may not fully comply with the requirements of the HIPAA Rules. However, the announcement means that physicians who want to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing service that is available to communicate with patients. This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

For example, a physician using their professional judgement may request to examine a patient exhibiting COVID-19 symptoms, using a video chat application connecting the physician’s or patient’s phone or desktop computer in order to assess a greater number of patients while limiting the risk of infection of other persons who would be exposed from an in-person consultation. Likewise, a physician may provide similar telehealth services in the exercise of their professional judgment to assess or treat any other medical condition, even if not related to COVID-19, such as a sprained ankle, dental consultation or psychological evaluation, or other conditions.

Under this Notice, physicians may use popular applications that allow for video chats, including Apple FaceTime, Facebook Messenger video chat, Google Hangouts video, or Skype to provide telehealth without risk that OCR might seek to impose a penalty for noncompliance with the HIPAA Rules.

Physicians should not use Facebook Live, Twitch, TikTok or other public-facing communication services. Physicians are encouraged, but not required, to notify patients of the potential security risks of using these services and to seek additional privacy protections by entering into HIPAA business associate agreements (BAA). HHS also noted that while it hasn’t confirmed such statements, Skype for Business, Updox, VSee, Zoom for Healthcare, Doxy.me, and Google G Suite Hangouts have said that their products will help physicians comply with HIPAA and that they will enter into a HIPAA BAA.

Additional information can be found at this notice from Department of Health and Human Services (HHS).


Emergency Medical Aid and Telemedicine


Amendment to Allow Telemedicine for Social Distancing
New York State Workers’ Compensation Board sent this bulletin at 03/16/2020 03:00 PM EDT

Emergency Adoption of Amendments to 12 NYCRR 325-1.8, 329-1.3, 329-4.2, 333.2, and 348.2 (COVID-19 Telemedicine)


New Emergency Regulation Requiring Insurance Companies to Waive Cost-Sharing for In-Network Telehealth Visits
New Regulatory Actions State New Yorkers Do Not Have to Pay Copayments, Coinsurance, or Annual Deductibles for In-Network Telehealth Services


AMA: COVID-19 Physician Practice Resources
The COVID-19 physician and practice resources released by the AMA include:

  • A Physicians Guide to COVID-19, to help physicians prepare their practices, address patient concerns, and provide answers to physicians’ top questions;
  • An AMA COVID-19 online resource center, and a COVID-19 FAQ that are updated each day with the latest information on the COVID-19 epidemic;
  • A Quick Guide to Telemedicine in Practice, a new resource to help physicians implement remote care which can help achieve a dramatic increase in the nation’s telemedicine capacity;
  • The AMA Journal of Medical Ethics published ethical guidance for physicians to help them in making determinations about how to combat COVID-19;
  • The JAMA Network COVID-19 Resource Center for evidence-based, actionable resources, plus videos of firsthand accounts from physicians on the front lines;
  • CME for physicians through the JAMA Network’s JN Learning website, including COVID-19 epidemiology, infection control and prevention recommendations

Executive Order of Suspension of Non-Essential Elective Surgeries
A directive was sent out by DOH to hospitals, ambulatory surgery centers, and office-based surgery centers to implement the Executive Order to suspend all non-essential elective surgeries.


Garfunkel Wild Webinar Operationalizing NYS Ban on Elective Surgery
New York State is banning elective procedures at hospitals and ASCs for the unforeseeable future. This webinar explored what the scope of these bans and some suggestion on how to operationalize.


AMA Releases Special Coding Advice Related to COVID-19
New guidance from the AMA provides special coding advice during the COVID-19 public health emergency. One resource outlines coding scenarios designed to help health care professionals apply the best coding practices. The scenarios include telehealth services for all patients.

Examples specifically related to COVID-19 testing include coding for when a patient: comes to the office for E/M visit, and is tested for COVID-19 during the visit; receives a telehealth visit re: COVID-19 and is directed to come to physician office or physician’s group practice site for testing; receives a virtual check-in/online visit re: COVID-19 (not related to E/M visit), and is directed to come to physician office for testing; and more. There is also a quick-reference flowchart that outlines CPT reporting for COVID-19 testing. A new web page on the AMA site also outlines CMS payment policies and regulatory flexibilities related to COVID-19. Check the AMA COVID-19 resource center to stay up to date and for additional resources.


CDC: Clinician Outreach and Communication Activity (COCA)

Emergency Preparedness and Response

COCA prepares clinicians to respond to emerging health threats and public health emergencies by communicating relevant, timely information related to disease outbreaks, disasters, terrorism events, and other health alerts.

COCA Call: March 27, 2020 – Underlying Medical Conditions and People at Higher Risk for the Coronavirus Disease 2019 (COVID-19)


FDA Expedites Treatment of Seriously Ill COVID-19 PTs with Experimental Plasma
In an unusual move, the Food and Drug Administration today announced that is making it easier for doctors to try an experimental treatment for COVID-19 patients that uses plasma from people who had the disease and recovered. There is scant evidence it works in people infected with the coronavirus, but the approach has been tried for other illnesses.

The idea is that this so-called convalescent plasma will contain antibodies to the virus that allowed the donor to recover to disease, and therefore should help patients who are sick.

Convalescent plasma been used in the past to treat outbreaks polio, measles, and mumps before a vaccine was available. More recently it’s has been used with some effectiveness to treat patients with SARS and Ebola.

In guidance to doctors, the FDA stated, “Given the public health emergency that the expanding COVID-19 outbreak presents, while clinical trials are being conducted, FDA is facilitating access to COVID-19 convalescent plasma for use in patients with serious or immediately life-threatening COVID-19 infections.” Doctors will still have to get FDA approval for individual patients to use the treatment, but if doctors need an answer in less than four hours, they can call the FDA Office of Emergency Operations for a verbal authorization.

The idea for using convalescent serum to treat COVID-19 has been championed by Arturo Cassadeval of the Johns Hopkins Bloomberg School of Public Health and Liise-anne Pirofski from the Albert Einstein College of Medicine.

Cassadeval has been interested in the use of convalescent serum to treat outbreaks of viral diseases throughout his career. In February, he wrote an op-ed piece for The Wall Street Journal suggesting it be used in the current outbreak. He followed that up with a scientific paper and then started hearing from doctors all over the country asking if they could participate in a clinical trial of the approach.

Cassadevall was hoping to hear from the FDA that it would give him approval to start a trial. The broader usage granted by FDA was a surprise.

“The FDA just opened the floodgates,” wrote Jeffrey Henderson, associate Professor of Medicine and Molecular Microbiology at Washington University School of Medicine in St. Louis in an email to NPR. “Our institution is scrambling to be ready to use this, as are many others, I’m sure.”

As with any unproven therapy, there are risks with the approach. The worst is that it could actually make patients sicker, a response known as antibody-dependent enhancement where the virus is actually helped to proliferate by a patient’s own immune system.

“I think we need to be cautious about using convalescent serum,” says Martin Zand, professor in the department of medicine and co-director of the Clinical & Translational Science Institute at the University of Rochester Medical Center. (NPR Mar 24 5:35PM)


Update on President Trump Expands Telehealth Benefits for Medicare Beneficiaries During COVID-19 Outbreak

CMS Outlines New Flexibilities Available to People with Medicare

On March 17, 2020,  CMS announced that Fee For Service (FFS) Medicare is expanding coverage for Telehealth services, with an effective date of March 6, 2020. MLN Connects® Special Edition for Tuesday, March 17, 2020. Previously covered Telehealth services are now available to beneficiaries in their home environments, regardless of geographic location.

Our sole intent is to make the claim process as seamless as possible for the providers we serve. While we do not anticipate claim rejections and denials relative to these Telehealth claims, we urge providers to notify us immediately if any such problems are identified. We also advise providers that the NGS Provider Call Center does not have any further information on this issue at present.

NGS keenly recognizes the challenges providers are facing as the country deals with this current emergency and we assure you of our full support as we navigate through this time.

NGS remains fully committed to a prompt and successful implementation of the telehealth benefits as a result of these changes.  Please continue to monitor this website (www.ngsmedicare.com) for additional information from CMS or NGS as it becomes available.


OIG Warns of COVID-19 Fraud Schemes
The US Department of Health and Human Services Office of Inspector General (OIG) released a fraud alert warning Medicare beneficiaries of potentially fraudulent schemes that take advantage of the fears surrounding the COVID-19 public health emergency. The OIG warns that fraudsters are targeting Medicare beneficiaries through telemarketing, social media and even in-person, door-to-door contact. According to the OIG, the fraudulent schemes often involve an offer of a COVID-19 test in exchange for an individual providing personal information.  More on COVID-19 Fraud Schemes Here.


AMA Releases Special Coding Advice Related to COVID-19
New guidance from the AMA provides special coding advice during the COVID-19 public health emergency. One resource outlines coding scenarios designed to help health care professionals apply the best coding practices.

The scenarios include telehealth services for all patients. Examples specifically related to COVID-19 testing include coding for when a patient: comes to the office for E/M visit, and is tested for COVID-19 during the visit; receives a telehealth visit re: COVID-19 and is directed to come to physician office or physician’s group practice site for testing; receives a virtual check-in/online visit re: COVID-19 (not related to E/M visit), and is directed to come to physician office for testing; and more. There is also a quick-reference flowchart that outlines CPT reporting for COVID-19 testing. A new web page on the AMA site also outlines CMS payment policies and regulatory flexibilities related to COVID-19. Check the AMA COVID-19 resource center to stay up to date and for additional resources.


CVS To Waive Co-Pays for Aetna Member Coronavirus Hospitalizations
CVS Health said it will waive co-payments and related out-of-pocket cost-sharing of commercially insured Aetna members’ inpatient admissions related to the Coronavirus strain COVID-19. The move is among the more significant thus far among health insurance companies that are expanding coverage and eliminating plan member cost-sharing for everything from doctor office visits for Coronavirus tests to telehealth consultations for screening of the disease. (Forbes, March 25)

 

 

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