COVID 19: New and Updated Information and Resources
NJAASC has curated authoritative information and a list of resources for our Membership’s reference. We will continue to update this as more information becomes available.


PAST COVID E-BLAST HAVE BEEN ARCHIVED DUE TO SPACE RESTRAINTS AND TO KEEP THINGS CURRENT. 
TO VIEW PREVIOUS E-BLASTS, CLICK HERE

QUESTIONS AND ANSWERS FROM DOH - 6/4/20
Centers have been asking many questions.
While DOH is understandably very busy, but they have answered the first batch .
More to come!

ACCEPTABLE MOLECULAR TESTS – 6/4/20
So we all are asking what tests can we use? Per DOH I reported that they said any Molecular test.
A center asked about the Rapid Finger Stick Test.
I knew it was not acceptable, but e-mailed DOH.
Dr. Kirn replied and provided valuable information for us:

Rapid Finger Stick Test: This would not be acceptable as it is an antibody test. Please see  https://www.fda.gov/medical-devices/emergency-situations-medical-devices/emergency-use-authorizations  for a list of acceptable molecular tests that have been granted emergency use authorization from FDA (in the table entitled “Test Kit Manufacturers and Commercial Laboratories Table:”).  Note the ‘technology” column indicates if tests are molecular or something else.

THINGS ARE SLOWLY GETTING BACK TO NORMAL- ACCREDITATION SURVEYS RESUMING - 6/4/20
As we slowly reopen, be aware that accreditation organizations are resuming surveys.
AAAHC has announced they are re-starting.

ASSESSMENT UPDATE – 6/4/20
Barring any last minute happenings, the Assembly version will be formally introduced today.
The Senate version will be proposed and then immediately go to Senate Budget for discussion.

THINGS ARE SLOWLY GETTING BACK TO NORMAL- ACCREDITATION SURVEYS RESUMING - 6/4/20
As we slowly reopen, be aware that accreditation organizations are resuming surveys.
AAAHC has announced they are re-starting.

Not Ready to Attest to Provider Relief Funds? HHS Allows Providers to Reject Payment and Reapply for Total Funds by Today, June 3rd, with New 90-Day Window to Attest - 6/4/20
The Department of Health & Human Services (HHS) has extended the time for all providers to attest to their Provider Relief Fund payment, from 45 days to 90 days from receipt of payment. Providers who retain payments for more than 90 days will be deemed to have accepted the  Terms and Conditions . As we reported in our  Healthcare Law Alert  on Friday, providers have until today, June 3rd, to apply for the second Provider Relief payment. Importantly, HHS now explains that if a provider is not ready to attest to a payment at this time, but still wants to be considered for the second Provider Relief Fund payment, the provider must take the following actions by today, JUNE 3rd: 1) reject the first payment on the  Attestation Portal , 2) initiate the return of the payment through your bank, and 3) submit the requested revenue documents through the  General Distribution Portal  in order for HHS to calculate your total combined payment. The provider’s rejection of the initial payment will not preclude the provider from receiving the total amount of relief payments, which is approximately 2% of revenues from 2018.
HHS also clarifies that if a provider affirmatively attests to a Provider Relief Fund payment and later wishes to reject those funds and retract the attestation, the provider may do so by calling the provider support line at 866-569-3522.

HHS Issues Guidance on Eligible Expenses and Lost Revenues to be Reimbursed with Provider Relief Funds - 6/4/20
HHS has issued guidance to clarify what expenses or lost revenues are considered eligible for reimbursement with the Provider Relief funds. The Terms and Conditions for the Provider Relief funds state that “The Recipient certifies that the Payment will only be used to prevent, prepare for, and respond to coronavirus, and that the Payment shall reimburse the Recipient only for health care related expenses or lost revenues that are attributable to coronavirus.”
HHS explains that “health care related expenses attributable to coronavirus” is a broad term that may cover a range of items and services purchased to prevent, prepare for, and respond to coronavirus, including the following:
  • Supplies used to provide healthcare services for possible or actual COVID-19 patients;
  • Equipment used to provide healthcare services for possible or actual COVID-19 patients;
  • Workforce training;
  • Developing and staffing emergency operation centers;
  • Reporting COVID-19 test results to federal, state, or local governments;
  • Building or constructing temporary structures to expand capacity for COVID-19 patient care or to provide healthcare services to non-COVID-19 patients in a separate area from where COVID-19 patients are being treated; and
  • Acquiring additional resources, including facilities, equipment, supplies, healthcare practices, staffing, and technology to expand or preserve care delivery.
With respect to “lost revenues that are attributable to coronavirus,” HHS clarifies that this means any revenue that a healthcare provider lost due to coronavirus, including revenue losses associated with fewer outpatient visits, canceled elective procedures or services, or increased uncompensated care. Providers may use Provider Relief Fund payments to cover any cost that the lost revenue otherwise would have covered, so long as that cost prevents, prepares for, or responds to coronavirus. These costs do  not  need to be specific to providing care for possible or actual COVID-19 patients. It is only the lost revenue that the Provider Relief Fund payment covers which must have been lost due to COVID-19. Such costs include:
  • Employee or contractor payroll
  • Employee health insurance
  • Rent or mortgage payments
  • Equipment lease payments
  • Electronic health record licensing fees
If you have any questions about these alerts or any other Healthcare Law issue, please contact:
John D. Fanburg , Managing Member and Chair,  Healthcare Law , at 973-403-3107 or  jfanburg@bracheichler.com
Questions? Contact Jeff Shanton at  jshanton@jssurgctr.com