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Any questions at all, please reach out to
Paige Wiggs
, Benchmarks' Online Training Guru!
Take care of each other and stay safe and healthy!
The Benchmarks' Team
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Benchmarks' Recording &
Written
Details
From Today's
Friday Membership Webinar
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Benchmarks' Member Webinar: May 1, 2020
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NC Cases:
10,746
NC Cases Hospitalized:
546
NC Deaths:
405
Social Restrictions
State health officials are monitoring four trends related to the virus' spread and severity while also considering testing capacity as part of their decision-making process. Cohen said the state had met two of the four benchmarks as of Thursday. "I would say while the overall picture is mixed," Cohen said, "we remain hopeful that the trends will be stable enough move us into phase one next week. We are going to continue to watch this closely."
The state has succeeded in its efforts to lower the percentage of positive COVID-19 tests and leveling off the number of patients hospitalized by the virus. The state's DHHS reported that that nine percent of those tested were positive for the coronavirus the last two days after it was as high as 13 percent last weekend. Hospitalizations hit an all-time high of 551 on Wednesday before it dropped to 546 on Thursday. The benchmarks the state has yet to hit are the total number of lab-confirmed cases and the number of cases detected through patients with symptoms being evaluated by healthcare professionals. From:
STEVE WISEMAN, JONATHAN M. ALEXANDER, AND BRIAN MURPHY, THE NEWS & OBSERVER
North Carolina COVID-19 Modeling
Scientists affiliated with Duke University, RTI International and the University of North Carolina at Chapel Hill who have been modeling the different scenarios that could occur in North Carolina during the COVID-19 pandemic
released their latest report on Tuesday.
The modelers found that NC appears to have the capacity in its health care system to accommodate a gradual reopening "as long as vigilance is maintained, since exceeding hospital capacity remains a plausible possibility."
Health and Human Services Secretary Mandy Cohen said her team has followed the model reports as they also look at other metrics and data to determine how quickly social distancing restrictions should be eased.
"The researchers model shows us that a phased approach to ease restrictions will help us avoid any worse case scenarios when it comes to the capacity of our health care systems," Cohen said. "They do warn that complacency could change that and that we need to be sure to keep up the actions as we slow the spread of the virus as we continue to loosen restrictions."
- Anne Blythe, North Carolina Health News
Some of the questions identified in the report:
Has the spread of the virus slowed?
(i.e., have we 'flattened the curve?')
Recent trends indicate viral spread has slowed in North Carolina, as people have adhered to public health recommendations for physical (or social) distancing. One method for assessing viral spread is by examining doubling times of reported case counts in the population (a longer doubling time corresponds to slower epidemic growth). In mid-March, the total number of reported COVID-19 cases in North Carolina doubled every 2-4 days, but it slowed to a doubling time of 7-8 days in early April, and 13-14 days by April 22.3
What is the status of local outbreaks?
In recent weeks, some localities have experienced a sudden increase in reported COVID-19 cases. For example, in the 7 days prior to April 26, 2020, the statewide average of reported cases was 2.2 per 10,000 population, but Granville (21.3), Chatham (17.4), Lee (11.7), and Vance (10.8) counties all saw much higher reported cases per 10,000 population during that week.3 Most localized outbreaks in North Carolina have occurred in "congregate" work and residential settings (e.g., nursing homes, prisons, food processing facilities, etc.).
Tailwinds and headwinds
In light of the current situation described above, there are several tailwinds (favorable factors) and headwinds (unfavorable factors) we should keep in mind as we approach the month of May.
Tailwinds (favorable factors)
Viral spread has slowed in North Carolina, and this is good news. A reduction was anticipated with increased implementation of effective physical distancing. Yet, the magnitude of the reduction appears even more pronounced than anticipated in early April. Consistent with findings in an April 17 brief, the healthcare system and workforce currently appear to have sufficient capacity available for COVID-19 hospital care. As the state gradually lifts stay-at-home policies, and mobility patterns and physical distancing practices change as a result, we may see increased pressure on the healthcare system; however, expected hospital demand levels appear manageable at least over the next several weeks.
Headwinds (unfavorable factors)
COVID-19 reported cases continue to rise. Although some of this increase can be attributed to the increase in testing volume and throughput, some is likely due to continued viral transmission. As noted above, the last few weeks have been marked by infection clusters in high-risk communities such as congregate settings. The increase in COVID-19-related deaths is, of course, bad news. One indicator of epidemic containment will be the COVID-19-related deaths reported per day decreasing in a sustained way over several weeks. We do not appear to be there yet.
COVID-19 Budget Process
The House and Senate are working on a budget that will spend the $3.5 billion the federal government allocated to North Carolina.
Both the House and Senate want to split the amount up through two bills. One completed in May and the next in July, but they do not agree on how much to spend each go around. The Senate's budget bill of $1.2 billion spends about $500 million less than the House version of $1.7 billion.
The Senate passed their budget on Wednesday and the House on Thursday. A conference committee between the two are working the differences out now.
Legislators hope to find a compromise on Friday but that will be a significant lift as the differences between the two budgets are so significant. We are pleased that the liability language is in both bills but there is a push to tighten the language up even more in the compromise budget that narrows the scope of liability coverage more closely with COVID-19. Both budgets also include the foster care reimbursement rate increase.
We want to thank all of you who responded to our request to reach out to House members to ensure that the liability language remained intact in their budget bill!!!
Expanded Tracing Team
DHHS announced the formation of the Carolina Community Tracing Collaborative, a new partnership with Community Care of North Carolina and the North Carolina Area Health Education Centers to expand contact tracing.
Contact tracing is the process of supporting patients and notifying contacts of exposure in order to stop chains of transmission. Our local health departments are North Carolina's experts in this essential detective work. The new Collaborative will hire and train staff that will support local health department's contact tracing efforts. This will allow North Carolina to meet the goal of doubling the number of contact tracers in the state to 500.
Surgeries Resume
Hospitals in the state are rescheduling surgeries and other procedures they began postponing in March to prepare for a surge in COVID-19 patients. That surge never arrived, and hospitals say they now have the equipment, staff and bed space to resume some non-emergency procedures. Duke Health, UNC Health and Charlotte-based Atrium Health began expanding the number and type of services they provide on Monday, while Novant Health and WakeMed say they'll resume some non-urgent surgeries and procedures next week.
Hospitals say patients need this care, especially if it has been delayed for a month or more. But hospitals, clinics and physician practices also need the money these procedures generate. Hospitals, particularly small rural ones, make most of their revenue from non-emergency procedures, and delaying them is the main reason North Carolina hospitals have lost an estimated $1 billion in the last month
PPE Supplies
In a briefing Monday afternoon, state Emergency Management Director Mike Sprayberry said North Carolina has much of the personal protective equipment needed for healthcare workers to conduct ongoing COVID-19 testing. The state has more than 100 days worth of gloves, more than 60 days worth of surgical masks and more than 35 days worth of face shields. "But the gowns and N-95 masks are very hard to get, and we have less than a week's supply of those," he said at the briefing. Sprayberry said a shortage of PPE alone would not prevent the state from re-opening, but it is one of several metrics the governor's task force will be considering. Sprayberry said shipments of about 800,000 N-95 masks and about 25,0
00 gowns are expected to arrive in the next week. Cole Del Charco, WUNC Radio
The federal Department of Health and Human Services (HHS) yesterday launched the Health Resources & Services Administration (HRSA)
COVID-19 Uninsured Program Portal at coviduninsuredclaim.linkhealth.com
.
Health care providers and hospitals can use the portal to electronically request reimbursement for claims associated with COVID-19 testing and treatment of uninsured patients retroactive to Feb. 4, 2020. These relief funds are provided as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Families First Coronavirus Response Act (FFCRA).
Providers
must register
to use the portal. Reimbursements can be requested using the portal beginning May 6, 2020.
$2 million Emergency Grant will Support Behavioral Health Response to COVID-19
A $2 million grant from the Substance Abuse and Mental Health Services Administration (SAMHSA) will support NCDHHS' efforts to address the growing needs of people with mental health issues and substance use disorder as it relates to the COVID-19 crisis, along with the mental health needs of the general public and health care workers who are on the front lines of this pandemic.
This grant will also support North Carolina's efforts to combat the
opioid epidemic
by supporting access to Opioid Treatment Programs (OTPs) in areas of the state particularly hard hit economically by the COVID-19 pandemic. More than half of the individuals enrolled in OTPs are self-pay, therefore job losses are often a significant barrier to an individual continuing treatment.
Additionally, these funds will also be used for additional supports for individuals transitioning from jails and prisons who have existing substance use disorders and provide counseling and other supports for underserved populations at high risk for mental health disorders. A key element of NCDHHS' approach to this grant and subsequent work is strategically partnering with providers who specialize in serving historically underserved communities.
During the webinar, there
were questions about how to access this money as the usual process has been for providers to seek out those funds. However, in this case HHS had to identify to the feds what the money was specifically going to be spent on really quickly - i.e. the graph of money allocation- and HHS decided to run the funds through the LME/MCOs for these areas to get the money out more quickly than agencies applying for them.
| Clinical treatment services for underserved populations having a substance use disorder in areas most impacted by the COVID-19 crisis |
MAT, individual and group therapies, crisis services and other treatment services. Services provided at 2 OTP sites
Estimated 250 patients with average cost of $600 per month for 6 months
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$1,196,374
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| Referral and linkage to recovery supports for underserved populations identified as having a substance use disorder in areas most impacted by the COVID-19 crisis |
Contract with Formerly Incarcerated Transitions programs to provide referral and linkage to recovery support services
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$220,000
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| Referral and linkage to recovery supports, crisis services and mental health services underserved populations in areas most impacted by the COVID-19 crisis. Individuals will include those with mental disorders less severe than SMI |
Contract with Triangle Empowerment Group (TEC) and Formerly Incarcerated Transitions (FIT) programs to provide referral to crisis services, medical services and recovery supports.
TEC will be funded at $270,000
FIT will be funded at $50,000
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$320,000
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Telephonic crisis hotline for health care workers with mental health needs as a result of COVID-19 that are less severe than SMI
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Contract with the NC Psychological Foundation for Help4Helpers hotline
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$160,000
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Benchmarks PPE Survey Update
Many thanks to all the Benchmarks members who completed the PPE survey. We did not have enough request to meet the extremely high minimum order requirements of the company. We are researching other potential vendors to see look for other possibilities that as an Association we can leverage the buying power of multiple members. We will continue to keep you updated.
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Monday: May 4, 2020
Teleworking and Referrals to QuitlineNC
Time: 9:30 am through 10:30 am
Are you providing telehealth services by phone or video? Don't have access to your fax machine or your typical workflow for referring patients to QuitlineNC?
That's ok! You can still provide top notch evidence-based tobacco use treatment and referrals to the QuitlineNC... at a time when it's more important than ever to help your patients decrease their susceptibility to infection and potential for severe symptoms by becoming tobacco free. Join us on this FREE webinar to learn:
-What are the services the QuitlineNC offers right now
-Why is it still a good time to quit, even with COVID-19
-How to refer using: EHR, secured emails, and good ol' fax
-Enrolling in QuitlineNC services with your patient ONLINE
-Using social media to increase your patients' utilization of QuitlineNC
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Monday: May 4, 2020
COVID-19: Public Health Forum
Time: 12:30 pm through 1:30 pm
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NEW: Monday: May 4, 2020
Joint DMHDDSAS and DHB (NC Medicaid) COVID-19 Update CallFor BH/IDD Consumers, Family Members and Community Stakeholders
Time: 2:00 pm through 3:00 pm
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Monday: May 4, 2020
Practical Health Guidance: Using Telehealth Sessions Effectively for Your Healthcare Needs
Time: 6:30 pm
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Monday: May 4, 2020
FREE LIVE ZOOM WEBINAR AND Q+A!
Following opening weekend on NETFLIX: Cracked Up Netflix Launch with Darrell Hammond, Bessel van der Kolk, MD, and Michelle Esrick
Time: 7:00 pm
A virtual conversation to connect with our Cracked Up community about the lifelong impact of childhood trauma, especially now during coronavirus lockdown-social distancing-isolation which can trigger higher levels of stress and trauma. The panel will talk about new ways to regulate ourselves and support those around us and our communities during this pandemic and beyond, and will answer audience questions.
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Tuesday: May 5, 2020 (Each Tuesday)
Weekly Q&A Sessions for Trillium Providers
Times:
- 10:00 am thru 11:00 am for Crisis Providers, Adult & Child MH/SUD Providers
- 11:00 am thru 12:00 pm for Adult/Child IDD, TCI & Residential Providers
Trillium Health Resources understands the amount of information our provider network has been receiving in the past few weeks has been massive.
We would like to invite our providers to join us in a new weekly Q&A session each Tuesday to help directly answer some of your questions. Questions must be submitted to the link above in advance by 5:00 p.m. on the previous Friday.
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Thursday: May 7, 2020 (Each Thursday)
Benchmarks' Child Welfare Webinar
Time: 8:00 am
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Friday: May 8, 2020 (Each Friday)
Benchmarks' Friday Membership Webinar
Time: 8:30 am
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NEW:
Thursday: May 14, 2020
Weekly Q&A Sessions for Trillium Providers
Time: 2:30 pm thru 3:30
Has it been challenging to find the right resources to support you during this time of uncertainty? We've scoured our network and the web to find the best information to support you, your staff, your program, and your participants as you continue to drive your mission.
Attend this webinar for resources on staying connected with your community, managing and accelerating your programs, taking advantage of immediate funding streams, and more.
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SPECIAL BULLETIN COVID-19 #75: Telehealth and Virtual Patient Communications Clinical Policy Modifications - Behavioral Health Service Flexibilities - Innovations and TBI Waivers Appendix K and Developmental Disability State Funded Benefit Plans
NC Medicaid, in partnership with the DHHS Division of Mental Health, Developmental Disabilities and Substance Abuse Services (DMHDDSAS), is temporarily modifying its Behavioral Health and Intellectual and Developmental Disability (I/DD) Clinical Coverage Policies to better enable the delivery of care to NC Medicaid, NC Health Choice and State-funded individuals in response to the COVID-19 Pandemic.
NC Innovations and NC TBI Waivers Appendix K and Developmental Disability State Funded Benefit Plans
(b)(3) Services
Previous Behavioral Health Special Bulletins related to COVID-19:
- SPECIAL BULLETIN COVID-19 #63: NC Innovations and NC TBI Waivers Community-Based Services (HCBS) Flexibilities - Retainer Payments [medicaid.ncdhhs.gov] - April 24, 2020.
- SPECIAL BULLETIN COVID-19 #60: Fidelity Reviews Delayed for Current Individual Placement and Support (IPS) and Assertive Community Treatment (ACT) Teams [medicaid.ncdhhs.gov] - April 23, 2020
- SPECIAL BULLETIN COVID-19 #59: Telehealth Clinical Policy Modifications - Outpatient Behavioral Health Services [medicaid.ncdhhs.gov] - April 23, 2020
- SPECIAL BULLETIN COVID-19 #55: NC Medicaid Receives Approval for Expanded Flexibilities for Home and Community-Based Services [medicaid.ncdhhs.gov] - April 21, 2020
- SPECIAL BULLETIN COVID-19 #46: Behavioral Health Service Flexibilities [medicaid.ncdhhs.gov] - April 16, 2020
- SPECIAL BULLETIN COVID-19 #45: Increase in Therapeutic Leave Days for ICF/IDD Facilities Due to COVID-19 [medicaid.ncdhhs.gov] - April 15, 2020
- SPECIAL BULLETIN COVID-19 #35: Telehealth Clinical Policy Modifications - Enhanced Behavioral Services [medicaid.ncdhhs.gov] - April 7, 2020
- SPECIAL BULLETIN COVID-19 #34: Telehealth Clinical Policy Modifications - Definitions, Eligible Providers, Services and Codes [medicaid.ncdhhs.gov] - April 7, 2020
- SPECIAL BULLETIN COVID-19 #23: NC Innovations and NC TBI Waivers Community-Based Services (HCBS) Flexibilities for Waiver Beneficiaries Enrolled in 1915(c) HCBS Waivers [medicaid.ncdhhs.gov] - March 27, 2020
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Telehealth Video Available
The Department of Health and Human Services and NC Medicaid are reaching out to beneficiaries to share the benefits of receiving care using telehealth services. For many people, telehealth is a new option and our Medicaid providers have shared that some patients are hesitant to use technology to "see" their doctor. With telehealth being an important way to receive services while avoiding the risk of exposure to COVID-19 by leaving the home, DHHS and NC Medicaid have developed a video and a flyer to help alleviate some of these concerns and encourage beneficiaries to talk with their doctors about using telehealth to get the care they need to stay healthy.
With over 1.2 million Medicaid beneficiaries throughout the state, telehealth is a significant tool to help reduce the spread of COVID-19. We appreciate your help in sharing these tools with your patients and colleagues who will benefit from this information.
NC Medicaid COVID-19 Bulletin Article Recap (#70-74)
The NC Division of Health Benefits (DHB) has recently published Medicaid Bulletin articles related to COVID-19. Below are exerts or summaries of some of the most recent articles and links for more details. All articles may be found on the DHB website.
SPECIAL BULLETIN COVID-19 #70: Addition of Mailing and Delivery Fees to Retail Pharmacy Claims
Effective April 27, 2020, prescriptions for NC Medicaid and NC Health Choice beneficiaries are eligible for the addition of a mailing or delivery fee via the guidelines. Guidelines and more
SPECIAL BULLETIN COVID-19 #71: Extension of Temporary Suspension of Level I and Level II Assessments for New Nursing Home Admissions
Effective April 25, 2020, the temporary suspension of Level I and Level II PASRRs has been extended for new admissions. If the individual is expected to remain in the nursing facility for more than 30 days, a notice of the need for a PASRR review should be submitted through NCMUST. Continue reading
SPECIAL BULLETIN COVID-19 #72: Additional Home Health Clinical Coverage Policy Provisions
In response to the recent CMS announcement, effective March 30, 2020, NC Medicaid is adjusting home health requirements currently in Home Health Clinical Coverage Policy No: 3A to align with this recent CMS regulatory change as well as other provisions related to Home Health in the CMS changes during the existence of the COVID-19 pandemic. Change details
SPECIAL BULLETIN COVID-19 #73: Personal Care Services Telephonic Assessments Update
Effective May 1, 2020, Medicaid will resume use of the full assessment for all initial assessment requests, and effective May 1, 2020, Liberty Healthcare of North Carolina will resume completion of annual assessments. Read more
SPECIAL BULLETIN COVID-19 #74: NC Medicaid Temporarily Increases Rates for Federally Qualified Health Centers and Rural Health Clinics
NC Medicaid is temporarily increasing financial assistance to Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) to support them in maintaining critical access to care for Medicaid beneficiaries during the COVID-19 emergency. More information
Per Member Per Month Rate Increase
Effective April 1, 2020 - The Per Member Per Month (PMPM) rates for primary care provider medical homes will increase:
- Carolina ACCESS PMPMs will increase from $1.00 to $2.00
- CCNC PCP PMPMs will increase for $2.50 to $5.00 for Non-ABD rates and $5.00 to $10.00 for ABD rates
These rates changes, including reprocessing of previously paid April PMPMs, will be reflected on the May 12, 2020 check sent to providers.
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A DHHS presentation titled NC Innovations/NC TBI Waiver and COVID-19: An Overview of Flexibilities for Providers is available among the resources cataloged on our COVID-19 Resources for Providers webpage. Read in browser»
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Trump Administration Issues Second Round of Sweeping Changes to Support U.S. Healthcare System During COVID-19 Pandemic
At President Trump's direction, and building on its recent historic efforts to help the U.S. healthcare system manage the 2019 Novel Coronavirus (COVID-19) pandemic, the Centers for Medicare & Medicaid Services today issued another round of sweeping regulatory waivers and rule changes to deliver expanded care to the nation's seniors and provide flexibility to the healthcare system as America reopens.
T
hese changes include making it easier for Medicare and Medicaid beneficiaries to get tested for COVID-19 and continuing CMS's efforts to further expand beneficiaries' access to telehealth services.
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MAY IS MENTAL HEALTH AWARENESS MONTH Community Education Events
PLEASE JOIN US FOR
MAY IS MENTAL HEALTH
AWARENESS MONTH:
COMMUNITY EDUCATION EVENTS
IN ORDER TO MEET THE NEEDS OF OUR COMMUNITY WE ARE OFFERING A VARIETY OF TRAININGS VIA WEBINAR
THE WEBINARS ARE SCHEDULED FOR MULTIPLE DATES AND TIMES. TO REGISTER CLICK ON THE DATE AND TIME YOU WANT TO ATTEND
Grief, Death and Dying
Presented by Venessia Hill
Presentation will enhance knowledge of grief, death and dying; distinguish between normal and abnormal grief; enhance knowledge of stages of grief per Elisabeth Kubler-Ross; encourage new thoughts about grief; dispel myths about talking to terminally ill; offer suggestions to "Bridge the Gap" between the terminally ill and caregivers/loved ones; increase knowledge of pain in dying; increase knowledge of what to expect in final days, hours and at time of death.
May 04, 2020: 2:00 - 3:00 pm
May 15, 2020: 2:00 - 3:00 pm
Laughter Yoga - Via Zoom
Presented by Kimberly Tippett Williams
Laughter yoga is a great way to de-stress, get some exercise, and have a good laugh. No special skills needed. Just your willingness to have fun, be a `kid again, and most importantly laugh.
Registration will close one day prior to the event
HIV/Aids 101
Presented by Kelly Abrams, PiCASO
Please join PiCASO's Outreach Coordinator, Kelly Abrams, for a brief presentation regarding HIV/AIDS, and safe sex practices, to help reduce the risk of sexually transmitted disease (STD) transmission.
Depression Challenges within the Aging Population
Presented by Therapeutic Alternatives Geriatric Specialty Team - British Clemons, MSW & Vickie Hale, RN
Webinar focuses on identifying depression in the older adults and background information on the prevalence, symptoms and risk factors of depression.
Bipolar Disorder
Presented by Therapeutic Alternatives Geriatric Specialty Team - Krystal Scott, Chuki Wooten and Allison Winstead
Webinar identifies Bipolar Disorder, symptoms and behaviors
Situational Depression among Older Adults
Presented by Therapeutic Alternatives Geriatric Specialty Team - Serena Turpin, RN & Susan Baggett, BA, QMHP
Webinar focuses on awareness of depression in various situations in older adults and background information on the prevalence, symptoms and risk factors of depression.
Tobacco Cessation, Production & Sales in Light of COVID-19
Pre-recorded webinar to discuss Tobacco Cessation, Production & Sales in Light of COVID-19. Ernest Watts, Lead with Region 8 will be available after the webinar to answer questions.
Target Audience: Eastpointe Staff, our Provider Network, members and community.
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Additional Service Flexibilities
Partners to Host Service Informational Sessions for Members and Their Families
Do you work with members that are confused about service changes due to COVID-19? Partners is here to help. Members that receive services from Partners' providers as well as their family members are invited to an upcoming question and answer session:
Partners Member Information Session for Intellectual/Developmental Disabilities and Traumatic Brain Injury Service Changes
Tuesday, May 5, 2020 at 4 p.m.
Partners Member Information Session for Mental Health and Substance Use Service Changes
Thursday, May 7, 2020 at Noon
Personal Protective Equipment
Joint Communication Bulletins
NC DHHS has published two Joint Communication Bulletins:
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Applications Open for COVID-19 Fill the Gap Response Fund
The North Carolina Hospital Foundation created the Fill the Gap Response Fund to support North Carolina's people and places disproportionately impacted by COVID-19. Early evidence suggests the pandemic is spreading more rapidly, and leading to poorer health outcomes, among vulnerable communities. The Fill the Gap Response Fund will support efforts to intentionally address health disparities worsened by the COVID-19 crisis. The application period is now open through May 11. Priority will be given to those applications that are consistent with the mission of the North Carolina Healthcare Foundation: "to foster and accelerate the collective impact of hospitals, health systems and community partners to improve the health of North Carolinians." Additional priority will be given to applications that focus on one or both of the following areas:
- Supporting essential frontline workers: Activities addressing the social and behavioral health needs of healthcare and other frontline workers (e.g., administrative, food service, security, facilities maintenance, cleaning, and other services to hospital or non-hospital entities) as result of COVID-19
- Supporting underserved populations: Services for rural and underserved populations that are disproportionately affected by COVID-19 (e.g., uninsured, communities of color, immigrant populations, etc.)
We encourage organizations that meet one or more of the following criteria to apply:
- Led by person(s) from underrepresented groups
- Experience difficulty accessing available federal and state resources
- Reflect an orientation toward post-COVID-19 recovery and renewal, beyond initial emergency needs
- Are currently embedded in rural services and networks, as applicable
A total of up to $1.5 million will be granted in the first round of awards. Grants will range from $25,000 to $150,000, with a total of 15-25 grants awarded in the first cycle.
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N.C. Allows Employer Support Payments on Top of Unemployment Benefits
The coronavirus pandemic has proven catastrophic to the economy and many households across the globe. Ripple effects from the virus have caused significant worry and decreased employee morale as many employers have had to furlough employees to sustain their businesses. These furloughs have resulted in record numbers of unemployment filings over the past month. To ease some of the anxieties across North Carolina, Governor Roy Cooper issued Executive Order No. 118 mandating that certain unemployment insurance application requirements be waived during this state of emergency, such as the one-week waiting period and the work search requirement.
On April 20, Governor Cooper issued Executive Order No. 134 to further combat the financial impacts of COVID-19. This order allows temporarily furloughed employees to receive certain employer payments under the reasoning that the payments are for services from prior weeks rather than payment for services currently rendered. Employees receiving these payments can still be considered unemployed, making them eligible for unemployment benefits.
The order authorizes employers to make "support payments" defined as payments that:
- Are voluntarily made by an employer to an employee in response to furloughing the employee.
- Are for services rendered by the employee in the past.
- Hold no obligation for the employee to repay.
- Are provided without obligation for the employee to perform or not perform any act in connection with the individual's status as an employee.
- Are made pursuant to a "COVID-19 Support Payment Plan" provided to the Division of Employment Security (DES) using the division's form.
Consider Employee Child Care Needs as Part of Return-to-Work Planning
As employers begin planning for a return to work, child care needs may impact workers' ability to resume normal schedules. As states extend school closure orders, the availability of child care and camps through the summer remains in doubt. Without reliable child care alternatives, many employees will struggle to find options that allow them to return to work.
Employers have a number of options for dealing with these situations. For employers with fewer than 500 employees, the Families First Coronavirus Response Act (FFCRA) may provide employees with job-protected paid leave for up to 12 weeks due to child care unavailability. Outside of these legal requirements, some employers may consider allowing employees to bring children to work or even establishing temporary child care services. These options raise obvious financial and liability concerns, including the potential for children in the workplace to interfere with COVID-19 exposure control efforts.
Other options include extending telework arrangements or providing paid or unpaid leaves of absence. Any such plans should be set forth in a written employer policy and should be consistently applied to employees in similar circumstances. In some situations, employers may decide that they cannot accommodate employees who are unable to return to work due to child care needs. In general, outside of FFCRA, employers are not legally required to accommodate such needs and could decide as a last resort to terminate employment.
Employers should monitor additional federal and state legislative developments that address employee child care needs.
EEOC Blesses Employer COVID-19 Testing
As employers begin formulating return-to-work plans, one step under consideration is workplace testing of employees for COVID-19. While such tests are not widely available yet, these plans have raised questions regarding their conformance with the Americans with Disabilities' Act's restrictions on medical examinations.
On April 23, the Equal Employment Opportunity Commission issued a technical assistance guidance stating that COVID-19 testing of employees meets the ADA's requirement that such examinations are job related and consistent with business necessity. In other words, employers can require such tests as a condition of employees entering the workplace.
In its guidance, the EEOC cautions employers on the potential unreliability of certain tests, recommending that companies rely on FDA guidance when selecting tests for use with employees. The agency again advised employers to treat the results of such testing as confidential employee medical records. The technical guidance does not address the use by employers of antibody tests. Although these tests are not widely available, their possible use has raised concerns over disparate treatment of employees who do not possess COVID-19 antibodies and, therefore, possible immunity from the disease. The EEOC will likely issue guidance on these questions in upcoming weeks.
U.S. Labor Department Issues New Guidance on Expanded Unemployment Benefits
On Monday, the U.S. Department of Labor issued additional guidance to state agencies regarding recently expanded unemployment benefits. The Q&A format followed a DOL webinar where many of the questions addressed were first raised. The guidance answers a number of questions involving benefit eligibility for people who do not traditionally receive benefits.
For example, workers who lost their jobs and decline employer return-to-work notices are no longer eligible for benefits, even if they express concerns over exposure to COVID-19 at work. Employees who leave work due to diagnosed coronavirus-related medical issues can collect benefits, even if those conditions would not otherwise qualify the employee for such payments.
The guidance addresses complicated questions involving gig workers and self-employed people, including where to file benefits when they live in one state but work in another. A different question tells states how to pay benefits to non-employees who cannot substantiate their prior earnings. The Q&A offers guidance for employers asked by employees about their potential eligibility for benefits in certain situations. The guidance can be found here.
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Tell us about your NC healthcare heroes
The News & Observer wants to highlight some of the people working on frontlines of our state's battle against coronavirus.
Tell us about the doctors, nurses, therapists and first responders working hard to take care of those affected by the virus.
Note: This would be a great time to nominate individuals on your agency's team! What a wonderful opportunity to reframe how people think about first responders by selecting our frontline workers and behavorial health & I/DD staff!
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