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McBrayer Blogs
FCC is awarding funds for the COVID-19 Telehealth Program
The Coronavirus Aid, Relief, and Economic Security (CARES) Act that was passed into law in March 2020 set aside $200 million in funds for the Federal Communications Commission (FCC) to establish the COVID-19 Telehealth Program. The program’s intent is to keep physicians and patients safe while continuing care remotely. The support provided through telehealth is intended for treatment of both coronavirus and other ongoing health conditions during the pandemic. More >
DOJ’s Nursing Home Initiative Targets Providers – Compliance Will Be Critical!
A new initiative announced by the Department of Justice (DOJ) on March 3, 2020, is aimed at investigating “grossly substandard care” in nursing homes. The National Nursing Home Initiative will initially be targeting the nation’s most problematic facilities and will use both civil and criminal enforcement actions where these facilities are putting the health and safety of residents in danger. The initiative serves as one focus in the DOJ’s larger efforts in protecting the elderly and is coordinated by the Elder Justice Initiative. More >
CMS Suspends the Advance Payment Program and Reevaluates Accelerated Payments
On April 26, 2020, the Centers for Medicaid & Medicare Services (CMS), announced that the Advance Payment Program for Part B suppliers was ending immediately and that the amounts being paid under the Accelerated Payment Program will be reevaluated. Going forward, new applications for the Advanced Payment program will not be accepted. There are interesting implications and questions for providers who received funds under this program going forward as CMS has not issued any guidance concerning how this will be handled. More >
Kentucky Sets Detailed Timeline for Phased Reopening of Healthcare Providers
The Kentucky Department for Public Health (KDPH) has released a four-stage plan for reopening Kentucky’s health care services in the wake of the COVID-19 pandemic with the first phase beginning on April 27, 2020, and the fourth and final stage being implemented on May 27, 2020. The intention is to gradually loosen restrictions on services while providing requirements that must be met in order to mitigate against the COVID-19 pandemic. More >
Healthcare Providers: It’s Time to Resume Non-Emergency Services
Governor Beshear has announced that as of April 27, providers may resume non-urgent/emergent healthcare services and diagnostic radiology and lab services in: hospital outpatient settings, healthcare clinics and medical offices, physical therapy settings and chiropractic offices, optometrists, and dental offices (with enhanced aerosol protections). More >
Kentucky Healthcare Providers: SB 150 Gives Some Liability Buffer and More
In the midst of the COVID-19 crisis, there is still good news to be found for healthcare providers. On March 30th, Gov. Beshear signed Senate Bill 150, a broad coronavirus response measure that touches on everything from licensing fees to alcohol sales. Tucked into the bill is a provision that limits the liability of healthcare providers who treat COVID-19 patients in good faith. More >
CMS Expands Accelerated and Advance Payment Program for COVID-19 Emergency
As part of the CARES Act, the Centers for Medicare & Medicaid Services (CMS) has expanded the Accelerated and Advance Payment Program to a larger group of Part A providers and Part B suppliers. The full fact sheet on the expansion is available from CMS here, but we’ve summarized the significant points below. More >
Kentucky Board of Nursing Issues Advisory on Nurse Practitioner Prescribing During State of Emergency, Pushes Telehealth
Healthcare Providers and First Responders: How New Paid Leave Laws Affect Your Workforce
In the midst of the COVID-19 crisis, Congress passed the Families First Coronavirus Response Act (“Families First”), which requires most employers to provide ten days of paid sick leave and paid FMLA benefits to employees under certain circumstances. Healthcare providers, however, are dealt with differently than other workers. How Families First will manifest itself for healthcare workers is unclear but here are some takeaways: More >
KBML Reminds Physicians of Exceptions to Prescribing Rules for Controlled Substances During Declaration of Emergency
The KBML has issued an advisory opinion on prescribing requirements for controlled substances, reminding licensees that 201 KAR 9:260 Section 2(2) addresses situations when a physician is unable to conform to professional standards for prescribing of controlled substances due to circumstances beyond the physician’s control or when the physician makes a professional determination that it is not appropriate to comply with a specific standard. Given the “current but temporary state of emergency,” the KBML notes that there may be circumstances where it would not be appropriate to require a patient to come into the office prior to refilling a prescription. More >