Federal Health Updates: The Week in Review

By: Brandy Whisman, CSG Policy Analyst

The U.S. Department of Health and Human Services (HHS) is beginning to distribute the initial $30 billion earmarked for providers in the CARES Act. The $30 billion is part of a total $100 billion relief fund to assist providers in health care related costs and lost revenue as a result of Covid-19. HHS is partnering with UnitedHealth Group to distribute the funds.

HHS Office of Civil Rights (OCR) has issued a Notification of Enforcement Discretion on Community-Based Testing Sites (CBTS). OCR will exercise discretionary enforcement in regard to HIPPA violations from covered businesses and providers who are acting in good faith in testing, treating and preventing the spread of COVID-19.

With an eye on freeing up capacity during the novel coronavirus pandemic, Centers for Medicaid and Medicare Services (CMS) is allowing health care providers the ability to practice across state lines and at the top of their license.

“It’s all hands on deck during this crisis,” said CMS Administrator Seema Verma in a recent press release.  “All frontline medical professionals need to be able to work at the highest level they were trained for. CMS is making sure there are no regulatory obstacles to increasing the medical workforce to handle the patient surge during the COVID pandemic.”

The changes are effective immediately. CMS has increased the amount available for Accelerated/Advance Payment Program for Medicare Providers to $51 billion. CMS has also improved the processing time for claims from three to four weeks down to less than a week. The increase in funds is to assist front-line health care providers in accessing the resources need to fight COVID-19. However, material and resource shortages continue to pose a problem in the fight against this pandemic.

CMS has developed a toolkit to assist states in applying for waivers and Medicaid plan amendments. The toolkit provides checklists and templates for states on 1115, 1135, and 1915c waivers. States have the option of applying for waivers retroactively, back to at least March 1, 2020. Florida was the first state to apply for an 1135 waiver and CMS approved the waiver on March 16, 2020.

The Centers for Disease Control and Prevention (CDC) has extended the no sail order for cruise ships. The order requires that cruise ships develop an operational plan to help prevent the spread of the virus. The plans must be approved by the CDC and U.S. Coast Guard. The order also includes information on disembarking passengers, embarking cruise ship crew and compliance with federal health precautions.