Friday, April 3, 2020

CMS Provides Hospitals Flexibilities to Support COVID-19 Efforts

The Centers for Medicare and Medicaid Services (CMS) recently issued a series of waivers and modifications to help prepare and equip healthcare systems and workers to meet patient-demand resulting from COVID-19. These efforts seek equip hospitals for COVID-19 surges, expedites healthcare practitioner onboarding, and expands telehealth services, increases site-based COVID-19 testing, and reduces paperwork requirements.

These issuances will remain in effect throughout the COVID-19 Public Health Emergency. The following may affect your medical staffs: 

    •  CMS Hospital without Walls (Temporary Expansion Sites)
o   Conditions of Participation Modifications
§  Enables ambulatory surgery centers to provide hospital services to help meet patient volume.
§  Grants freestanding emergency departments a pathway for treating patients during the declared emergency.
o   Paperwork Reduction
§  Waives certain paperwork requirements for hospitals facing significant strain from COVID-19.
§  See CMS guidance for the specific waived requirements.
o   Physical Environment
§  Allows designated health systems to use offsite, non-hospital buildings such as hotels and community facilities for patient care, room and board, and other patient services.
§  Enables facilities to separate non-COVID-19 patients to reduce exposure.
o   Temporary Expansion Sites
§  Waives certain COP requirements to allow provider-based departments to establish and operate as a hospital.
§  Enables hospitals to change their provider-based department location status to meet patient needs in a specific area.
o   Critical Access Hospital Length-of-Stay
§  Waives the 25 CAH-bed requirement.
§  Lifts the 96-hour length-of-stay requirement.
o   CAH Status and Location
§  Lifts the CAH rural-area stipulation to help meet patient surge.
§  Removes location parameters so CAHs can help with surge capacity.
o   Hospital Acute-Care Patients in Excluded Distinct Part Units
§  Allows acute-care facilities to house acute-care patients in excluded distinct-part units, as appropriate.
§  Provides documentation guidance via the applicable patients’ medical records.
o   Telemedicine
§  Modifies hospital and CAH telemedicine conditions to expand telehealth services.
§  Enables patients to receive telehealth care through agreements with off-site hospitals. 
Patients over Paperwork
    •  Verbal Orders
o   Grants facilities flexibility for verbal orders.
o   Maintains read-back verification requirements but extends the authentication requirement to 48 hours. 
    •  Reporting Requirements
o   Extends the time period hospitals have to report intensive-care patient deaths who required soft-wrist restraints.
o   Increases the reporting period to close of the next business day. 
    •  Limit Discharge Planning for Hospital and CAHs
o   Waives certain requirements regarding discharge planning and care goals.
o   Facilities should work with patients, families, or patient representatives to select post-acute care providers by using and sharing data with post-acute entities. 
    •  Emergency Preparedness Policies and Procedures
o   Waives requirements to establish emergency preparedness communication policies.
o   Lifts requirements to provide contact information for staff, entities providing services under arrangement, practitioners, and volunteers. 
    •  Provider Enrollment
o   Makes available toll-free hotlines for providers.
o   Waives certain screening requirements, postpones all revalidation actions, and expedites pending or new provider applications. 
Workforce
    •  Medical Staff Requirements
o   Waives COPs to allow physicians with expiring privileges to continue practicing at their current facilities.
o   Enables new physicians to start practicing in a hospital before medical staff or governing body approval to help meet patient surges. 
    •  Physician Services
o   Lifts requirements that Medicare patients be under a physician’s care.
o   Enables physician’s assistants and nurses to help meet patient surges. 
    •  Anesthesia Services
o   Lifts current nurse anesthetist supervision requirements and permits facilities to set temporary supervision parameters, in accordance with applicable state law.
o   Allows nurse anesthetists to function at the fullest extent of their licenses, as it complies with facilities’ activated emergency plans.
    •  Respiratory Care Services
o   Waives requirement that facilities designate in writing qualified personnel to perform specific respiratory-care procedures and their appropriate supervision levels.
o   Requires state and activated emergency plan alignment. 
    •  CAH Personnel Qualifications
o   Waives federal minimum personnel qualifications for clinical nurse specialists, nurse practitioners, and physician assistants.
o   The above practitioners must still meet state-licensure requirements and scope parameters. 
    •  CAH Staff Licensure
o   Defers all staff licensure, certification, or registration to state law by waiving COP requirements that staff be licensed, certified, or registered in compliance with federal, state, and local laws.
o   Defers all licensure, certification, and registration requirements for CAH staff to the state. 

The CMS COVID-19 site provides more information on the above modifications, as well as other facility modifications. 

Additional CMS Guidance:

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