Washington Watch Weekly, April 10, 2020 | ASCRS
Washington Watch

Washington Watch Weekly, April 10, 2020

The Department of Health and Human Services (HHS) Begins Immediate Disbursement of $30 Billion in Grants to Medicare Providers

This morning, HHS announced the immediate disbursement of the first $30 billion out of the $100 billion that Congress allocated to hospitals, physicians, and other health care providers in the Public Health and Social Services Emergency Fund that was included in the Coronavirus Aid, Relief and Economic Security (CARES) Act. ASCRS joined the AMA and the medical community in advocating for these funds and assuring that physicians were included.

This initial $30 billion, which is being distributed immediately through direct deposit beginning today, is being directed to facilities and physician practices in direct proportion to their share of Medicare fee-for-service spending. The total amount of Medicare FFS spending in 2019 was $484 billion. Hypothetically, if a Medicare provider with a Taxpayer ID Number (TIN) accounted for 1% of total Medicare FFS spending in 2019, the TIN would receive 1% of the $30 billion.

All facilities and health professionals that billed Medicare FFS in 2019 are eligible for the funds. These are grants, not loans, and do not have to be repaid. Note that the funds will go to each organization's TIN which normally receives Medicare payments, not to each individual physician. The automatic payments will come to the organizations via Optum Bank with "HHSPAYMENT" as the payment description.

Additional details about the allocation are available here.

This website also includes a link to Terms and Conditions for receipt of the funds that each organization receiving the grants will need to attest to within 30 days of receiving the grant. The funds may be used either for health care related expenses or for lost revenues that are attributable to coronavirus.

Due to some conflicting information included in the Terms and Conditions regarding the requirement to certify that you “diagnose, treat, and test for COVID-19,” ASCRS is working to get clarification. We advise you to carefully read the terms and conditions provided.

CMS Releases New Infection Control Guidance Based on CDC Guidelines

Recently, CMS released a series of updated infection control guidance documents to prevent the spread of COVID-19 in both inpatient and outpatient settings. For outpatient settings, such as Ambulatory Surgery Centers (ASCs) the recommendations focus on screening, restricting visitors, cleaning and disinfection, closures, supply scarcity, and FDA recommendations.

CMS encourages ASCs and other outpatient settings to partner with others to conserve and share critical resources. For more information on CMS recommendations:

Guidance for Infection Control and Prevention of Coronavirus Disease (COVID-19) in Outpatient Settings: FAQs and Considerations

CMS Current Emergencies Page

Centers for Medicare and Medicaid Services (CMS) Updates Recommendations on Postponing Non-Essential Surgeries and Medical Services

This week, CMS issued updated Recommendations on postponing non-emergent, elective medical services and treatments. The recommendations focus on postponing non-essential surgeries in an effort to conserve health care resources and limit exposure of patients and staff to COVID-19.

CMS Distributes $34 Billion in Advance Payments in First Week; ASCRS Joins with the Medical Community in Urging Congress to Eliminate Interest Rate on Post-Repayment Balances and Extend the Repayment Period

CMS distributed $34 billion to providers as part of the expanded Accelerated/Advance Payment Program in the first week. They indicated they have received 25,000 requests, and CMS has processed 70% of them. It is important to note that these payments are funded from Medicare Part A and Part B Trust funds and will begin to be recouped 120 days after disbursement. Physician practices have up to 210 days to complete repayment after which a 10.25% is applied.

Given the unknown trajectory of the pandemic, it will be difficult for practices to access what their claim volume will be in 120 days to know whether it will result in full recoupment of the funds by day 210. With the threat of a 10.25% interest rate, it is difficult to estimate future Medicare revenues in order to determine whether it makes sense for practices to request these funds. We have been told by CMS that any change to the timeline and interest rate would require a statutory change.

Therefore, ASCRS will be joining the medical community, the surgical coalition, and the Alliance of Specialty Medicine, as part of a larger request including other asks, in urging Congress to lengthen the repayment period for physician practices and eliminate the interest rate in the next COVID-19 package.

CMS Posts COVID-19: Dear Clinician Letter

Earlier this week, CMS posted a letter to providers outlining a summary of actions CMS has taken during the COVID-19 pandemic. The summary includes information about telehealth and virtual visits, accelerated and advanced payments, and recent waiver information. Read the letter here.

ASCRS ASOA Webinar on the Advance Payment Program – Frequently Asked Questions (FAQs)

Earlier this week, ASCRS ASOA sponsored a webinar featuring ASCRS Director of Government Relations, Nancey McCann, on the Advanced Payment Program. The webinar focused on FAQs that were submitted by the membership, as well as questions and answers that were included in a recent meeting between the AMA and CMS on the program.

Click here to access the webinar.