Federal Corner
- Legislative Update
- HR 6074: Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020: On March 6, 2020, the President signed a $8.3 billion emergency supplemental appropriations bill that amended Section 1135 to allow the HHS Secretary to temporarily waive certain Medicare telehealth requirements during the coronavirus public health emergency.
- HR 6201: Families First Coronavirus Response Act, 2020: on March 18, 2020 the bill became a public law to respond to the Coronavirus outbreak by providing several services to Americans including: paid sick leave and free coronavirus testing, expanding food assistance and unemployment benefits, and requiring employers to provide additional protections for healthcare workers. The bill provides appropriations to USDA, HHS, and OSHA.
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HR 748: Coronavirus Aid, Relief, and Economic Security (CARES) Act 2020: On Friday March 27, 2020, the President signed a $2 trillion stimulus bill, the largest in U.S. history. The bill provides loans, tax breaks, and direct payments both to business and individuals whose revenue and income have been negatively affected under social distancing restrictions.
- HHS
- Section 1135 Waiver Associated with COVID-19: On March 13, 2020, Secretary Azar issued a waiver of certain Medicare requirements, including EMTALA, Stark Law penalties, conditions of participation, and other requirements including HIPAA. Under all of these waivers, the authorized agencies within HHS need to take further actions to effectuate the waivers.
- Coronavirus (COVID-19) Partner Toolkit: Most comprehensive list of HHS-wide coronavirus-related resources.
- Office for Civil Rights
- FAQs on Telehealth and HIPAA: HHS Office for Civil Rights offers answers to common questions about topics like the scope of telehealth, details on HIPAA regulations such as the Notification of Enforcement Discretion regarding COVID-19, and other remote communication aspects surrounding care, treatment, and overall privacy during the COVID-19 outbreak.
- HIPAA Privacy and Novel Coronavirus: HHS Office for Civil Rights published a bulletin in response to the COVID-19 outbreak to ensure that HIPAA covered entities and their business associates are properly informed of the ways that patient information may be shared under the HIPAA Privacy Rule in an emergency situation, such as an outbreak of an infectious disease.
- OCR Issues Guidance to Help Ensure First Responders and Others Receive Protected Health Information about Individuals Exposed to COVID-19: On April 1, 2020, OCR issued guidance on how covered entities may disclose protected health information (PHI) about an individual who has been infected with or exposed to COVID-19 to law enforcement, paramedics, other first responders, and public health authorities in compliance with the HIPAA Privacy Rule.
- Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites (CBTS) During the COVID-19 Nationwide Public Health Emergency – On April 9, 2020, OCR issued a notification of enforcement discretion for covered health care providers or their business associates in connection with the good faith participation in the operation of a COVID-19 Community-Based Testing Site (CBTS) during the COVID-19 nationwide public health emergency.
- Notification of Enforcement Discretion under HIPAA to Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19 - On April 2, 2020, OCR issued a notice of enforcement discretion for violations of certain provisions of the HIPAA Privacy Rule against covered health care providers or their business associates for uses and disclosures of protected health information by business associates for public health and health oversight activities during the COVID-19 nationwide public health emergency.
- CMS Update
- Office of Inspector General
- HHS OIG COVID-19 Portal: Information on COVID-19 Fraud, Infectious Disease Preparedness and Response, Telehealth Cost-Sharing, related OIG news, and a link to submit HHS OIG COVID-19 Questions.
- OIG Enforcement and Guidance: The OIG has broad oversight authority over HHS’s program integrity functions related to federal health care programs, including Medicare, Medicaid, and the health insurance exchanges, as well as the operations of the CDC, NIH, and FDA. The OIG is focused on lifting necessary barriers to care, such as through the recent announcement that it will not impose administrative sanctions for reducing or waiving cost-sharing obligations normally imposed under federal health care programs for telehealth services. The OIG has also created a new portal for all information and announcements related to COVID-19. The portal is accessible through the OIG’s main website or directly at oig.hhs.gov/coronavirus. Through this portal, the OIG is also seeking feedback from individuals or entities needing clarification as to the OIG’s oversight authorities during the COVID-19 pandemic. Specifically, the OIG has solicited input regarding the application of the OIG’s administrative enforcement authorities, including the Anti-Kickback Statute, and has also offered to answer questions regarding how the OIG would view an arrangement that is directly connected to the COVID-19 pandemic. The OIG will make its responses to “frequently asked questions” available on the OIG’s website.
- Coronavirus Task Force
- The White House, HHS, and the CDC have provided a webpage that is focused on providing information for business and individuals with a main focus on public health.
- Department of Justice
- COVID-19 Fraud Resource Page: Information on how to report suspected fraud related to COVID-19 along with links to COVID-19 fraud related news.
- OMB Guidance
- Memoranda M-20-11 and M-20-17 authorizing awarding agencies to provide relief from certain Uniform Guidance requirements found at 2 C.F.R. Part 200 pertaining to recipients of federal grants and cooperative agreements.
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