Questions - So Many Questions!
Some Answers Below
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Friday, May 22, 2020
Hi Everyone,
This week has been a lot and for many of us the
new guidance from the Secretary of Health brought more questions than answers.
We also have
all things Unemployment to consider.
Beyond that, last week's Executive Order that used the words
"Massage Parlor" triggered a lot of feelings and this week the conversation around the
two tier LMT/RMP system moved back to front and center. I will cover both of these issues in separate newsletters that will arrive over the holiday weekend, while I will be headed to the garden or my sewing machine depending on the precipitation levels. Feel free to respond, and understand that I may not get back to your right away.
As always, you are welcome to reach out with any questions you have after reading the information below.
Please remember to add Amelia Mitchell
[email protected] and David Madon
[email protected] to your contact list so that our emails show up in your in-box. I will continue to send the GR updates and more general correspondence, classes, and updates will come from David.
Best wishes,
Amelia
Amelia Mitchell, LMT, LLCC, BCTMB
Board Member and Government Relations Committee Chair
for
David Madon, Mark Hamilton, and Chelsea Adams-Cook
Your AMTA-Maryland Chapter Board
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What LMTs can go back to Work?
What is a Health Care Setting?
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The Health Department
Amended Directive May 19, 2020
from Secretary of Health Neall clarified that LMTs were considered Health Care Providers and that LMTs could return to work in
Health Care Settings.
This immediately brought the question of what is that? Of course, hospitals, surgical centers, skilled nursing, doctor and dentist offices are health care settings, this title also includes the offices of all licensed Health Care Providers.
Here is the little circle:
LMT = Health Care Provider
Office of a Health Care Provider = Health Care Setting
Office of an LMT = Health Care Setting
Big Caution here though - that
does not mean the room that an LMT works in at a spa, franchise, or health club is a health care setting. This only qualifies those who are LMTs and own their business, or work for an LMT or other licensed health care provider in a Health Care Setting to return to work. RMPs are not allowed to work in such settings, ever.
Very Important: This does not require a return to work, it allows - there are ethical responsibilities that must be considered as well - quote from the Amended Directive:
"Healthcare providers licensed under the Health Occupations Article shall exercise their independent professional judgment in determining what procedures are appropriate to perform, which appointments should occur, and which patients to see in light of widespread COVID-19 community transmission."
This means that LMTs who are allowed back to work must decide for themselves what is safe and what procedures are required for safety while also following all of those required and listed in the Amended Directive.
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Other Settings that LMTs and RMPs Work In
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I am an LMT, and my boss wants me to come back to work at the salon? I am the only one who uses the massage room.
A Spa, Franchise, Health Club, Salon, Gym or other type of facility is not a Health Care Facility so an LMT employed there is not currently be authorized to return to work.
These spaces will generally fall under the unfortunate category of “Massage Parlor” or “Massage Services” or Gyms and Health Clubs, all of which are currently closed due to Governor Hogan's Executive Order of May 13, 2020.
If such a setting was owned and run by an LMT or other state licensed health care provider, and only employed LMTs and other licensed health care providers it could be considered a Health Care Setting, however we would suggest seeking further guidance from the Maryland Board of Massage Therapy Examiners, MBMTE on that.
An LMT who was a sole proprietor completely runs an independent business including payment and scheduling, and rented space in a Spa, Salon, Club, or Gym etc. might be able to make the case that their space when they are renting is health care setting. Again, seek further guidance from MBMTE.
RMPs may not work at this time, and may never work in a health care setting.
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My County Remains Closed - Can I Open?
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The guidance letter we all received clearly states that we also need to consult with local authorities before reopening. Especially in the places that have slowed reopening - Montgomery, Prince George's, Anne Arundel, Howard and Baltimore Counties, as well as the Cities of Baltimore and Annapolis.
This gets a bit challenging, from what we have been able to gather, none of these areas have limited the reopening of elective health care procedures and office visits from Governor Hogan's May 6th Executive Order, however they can make individual decisions about massage.
Many counties have specifically limited massage services, so you will need to seek specific guidance. We are collecting information, so i
f you have received any local guidance please share it with us.
Montgomery County has said NO to opening massage, they want to get their numbers down first. They recognized that LMTs are health care providers, however the health department says no to reopening. A separate email has gone out to Montgomery County members with more information.
If you are inquiring, here is sample language:
"I understand that XYZ County has slowed reopening, Has the county modified any of Governor Hogan's Executive Order of May 6th allowing elective medical procedures and office visits?
"I am a Licensed Massage Therapist and the Maryland Secretary of Health has clarified that LMTs are considered health care providers, and we may return to work in health care settings, if our city our county allows it. I own/work at ABC Clinic, which meets Maryland's rules as a health care setting and am wondering if I am also allowed to return to work in XYZ County."
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Maryland's Two Tier System - LMTs and RMPs
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Discussions on the topic are actively happening.
Developing new education requirements, figuring out how to best continue the licensing/registration for those already in the system, and dealing with pushback from everyone who will need to change anything in the process makes this a real PROCESS.
AMTA-MD is in it. We had planned to add a full update to this newsletter however Amelia has too many words, so it is going in a separate newsletter on the topic to make it easier to follow.
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What if I can't return to work because I am in a high health risk category or I am unable to get childcare - will I lose my unemployment benefits?
While we cannot guarantee your unemployment, we are aware that there are provisions in the unemployment law that allows for some individuals to remain on unemployment even if their job becomes available.
We hate to even have to tell you this, you will need to contact the Maryland Unemployment offices for more information specific to your situation.
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I am sole proprietor and the BEACON system shows my weekly benefit at $176, I should get more, what's up?
It seems that everyone in the PUA program gets started out at the $176 and then down the road it gets adjusted. In general the formula is 50% of what you earned weekly up to $430. Since the self employed applications require more consideration due to the ways the income is reported we expect that this will sort itself out soon enough. And yes, if it doesn't we are sorry to say, you will have to call.
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I still need help with Unemployment!
After last week and all the testimony and hearings it seems that the most effective help is coming from our local state delegates and state senators - contact yours and ask for help. Many have forms to submit the information they need to help you. The Dept. of Labor has agreed to update our legislators on a weekly basis.
So that is the first direction to head for support. Beyond that, you are always welcome to contact us with questions and concerns.
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How long will my unemployment benefits last?
Both Maryland and the Federal programs have extended benefits.
FPUC Federal Pandemic Unemployment Compensation (extra $600) is currently being paid to all receiving Unemployment benefits through July 25th. The third pandemic relief bill is in congress and may extend it, however that has not happened.
PUA
Pandemic Unemployment Assistance is the new program that allowed self employed individuals to receive benefits, at this time is is available until December 31, 2020.
PEUC
Pandemic Emergency Unemployment Compensation (PEUC): provides an additional 13 weeks of benefits for those who have exhausted their unemployment benefits. Generally these people were already on unemployment or received it in 2019.
How do I answer all of the WebCert questions and when do I do it?
Honestly. If you earned money, report it, if you are able to return to work say yes to that. (In general you should be able to return to work to be collecting unemployment.) There are a lot more questions due to new Federal rules, and for most of us it is a lot of no's and one yes, however read carefully and answer truthfully.
Sign-on Sunday or Monday to answer your webcert questions if possible. The portal is open for that only on those days and that will get your funds transferred most quickly. You can do it any other day as well. Friday at 5pm is the deadline for the previous week.
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Like the discussion around the Two-Tier system, the topic of "Massage Parlors" has been front and center in many of our minds recently.
This is another area with a lot to discuss, and again there are so many words! We will send out a separate email on this single topic with guidance about writing letters and what getting this changed might look like.
Stay tuned!
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FSMTB: More information about reopening and safety details:
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