CMS Announces Fourth COVID-19 Interim Final Rule with Comment Period

On October 28, the Centers for Medicare & Medicaid Services (CMS) issued its fourth Interim Final Rule with Comment Period (IFC) in response to the COVID-19 Public Health Emergency (PHE). Highlights of interest to rural stakeholders in this rule include vaccine-related provisions; flexibilities for states maintaining Medicaid enrollment during the COVID‑19 PHE; enhanced Medicare payments for new COVID-19 treatments; and price transparency for COVID-19 tests. Comments will be due 60 days after the date of display in the Federal Register.

Request for Information: Maternal and Child Health Bureau Strategic Plan – Respond by December 18. 

The Maternal and Child Health Bureau (MCHB) at the Health Resources and Services Administration supports research and federal grant programs that ensure the health and well-being of mothers, children, and families.  The bureau seeks feedback from the public about future plans for their work, including how MCHB can support efforts to eliminate disparities based on race, income, disability, and geography.

COVID-19 Hospital Data Coverage Report – Updated Weekly

The U.S. Department of Health and Human Services (HHS) is providing weekly updates to the data set tracking whether hospitals, including rural and Critical Access Hospitals (CAHs), are completing their COVID-19 data reporting.   As specified in recent guidance, hospitals and CAHs must report daily to the federal government, or to their state if they receive a written release from the state, a set of required data elements.  Failure to do so will result in a series of enforcement actions over several weeks that could result in termination of the Medicare provider agreement.

Expanded Provider Relief Fund Eligibility and Updated Reporting Requirements

The U.S. Department of Health and Human Services (HHS) expanded the types of providers that are eligible for Phase 3 Provider Relief Funds (PRF) to include residential treatment facilities, physician assistants, and advanced practice nursing providers, among others.  Providers may submit applications until November 6.  HHS also updated the reporting requirements and auditing instructions in response to stakeholder feedback.  This new guidance now allows providers to apply PRF payments against all lost revenues without limitation.

Open Enrollment for the Health Insurance Marketplace Begins November 1

The six-week period during which consumers may enroll in a health insurance plan using the Federal Health Insurance Marketplace begins on Sunday and ends on Tuesday, December 15.   Those without an employer-based plan may visit HealthCare.gov and CuidadodeSalud.gov to shop for plans that will begin coverage on January 1, 2021.  Fourteen states and the District of Columbia have their own state-based websites for enrollment in individual/family or small business health coverage, or both.  Some consumers may qualify for Medicaid coverage or a lower cost Marketplace plan depending on their state of residence and household size.

Pennsylvania Team Develops Domestic Violence Awareness Toolkit

The Pennsylvania Coalition Against Domestic Violence (PCADV) and the Office of Child Development and Early Learning (OCDEL) have teamed up to create a domestic violence awareness toolkit to educate family support workers and Family Supports staff on how domestic violence may impact the clients and families they serve while screening for intimate partner violence. The toolkit also aims to provide domestic violence programs with a deeper understanding of the OCDEL network and the services their programs provide within all communities across the Commonwealth.

Research shows that exposure to violence, especially during childhood, adolescence and young adulthood can significantly increase the likelihood of serious physical, emotional, and behavioral health problems. Children who live with domestic violence are also at increased risk to become direct victims of child abuse and are at an increased risk of becoming perpetrators themselves. Children who have been exposed to domestic violence often learn destructive lessons about the use of violence and power in relationships. They may also believe that it is acceptable to exert control or relieve stress by using violence, or that violence is in some way linked to expressions of intimacy and affection. Children also associate experienced abusive tactics with their view of adulthood, and how adults behave.

Trauma can be exacerbated by environmental factors and relational behaviors. During COVID-19, health professionals are urging the public to use wear face masks to help mitigate the spread of the virus. A face mask can activate a fear response, though, according to the National Center on Domestic Violence, Trauma, & Mental Health.

The National Center on Domestic Violence, Trauma & Mental Health (NCDVTMH) offers a tip sheet about face mask requirements using an accessible, culturally responsive, and trauma-informed approach, which can help in interactions with parents, caregivers, and children.

Partnerships between PCADV and OCEL’s programs are fundamental to preventing, and appropriately intervening in, domestic violence. Collaborating at the local level is key to building capacity to fully support survivors. Cross education allows staff from both systems an opportunity to connect and understand the best ways to develop protocols, make warm referrals, and engage in professional development.

With October being Domestic Violence Awareness Month, both OCDEL and PCADV wanted to support survivors of domestic violence. Both organizations realize that communities are stronger together and coordinated agency collaboration to make resources widely available to better support survivors is a step closer to ending domestic violence.

Domestic Violence Awareness Month serves as a reminder that domestic violence isn’t a private matter. It affects the safety and well-being of whole families and communities and can quickly turn lethal. In 2019, 112 women, men, and children lost their lives from domestic violence. Additional statistics about domestic violence fatalities can be found in PCADV’s 2019 Fatality Report.

If you or someone you know is in an abusive situation call the 24/7 National Domestic Violence Hotline at 1-800-799-7233, text “LOVEIS” to 22522, or chat online: thehotline.org. If you are in immediate danger, contact 911.

Provider Relief Fund Phase 3 Final Days to Apply!

HHS is distributing up to $20 billion to healthcare providers under a Phase 3 General Distribution through the Provider Relief Fund (PRF).  Applications will be considered regardless of whether an organization was previously eligible for, applied for, received, accepted, or rejected prior PRF payments. For this new phase, funding will be allocated to providers based on assessed financial losses and changes in operating expenses caused by COVID-19.

Providers have until Friday, November 6, 2020 to initiate their application for Phase 3 General Distribution funding.

Apply here.

HHS is also hosting an informational webcast on Monday, November 2 at 3 p.m. EDT for providers to learn more about eligibility, the application process, and the payment methodology.

To learn more about this opportunity:

Read through the Provider Relief Fund Frequently Asked Questions

Pennsylvania Liquor Control Board Waives $27.7 Million in 2021 Licensing Fees for Businesses Most Impacted by COVID-19

The Pennsylvania Liquor Control Board (PLCB) today approved, by a vote of 2-1, the forgiveness of an estimated $27.7 million in license fees in 2021 for retail licensees most impacted by the pandemic, including holders of restaurant, retail dispenser, club, catering club, and hotel licenses.

“Following the Governor’s request last week to waive license fees and provide some relief to struggling businesses, the PLCB did its due diligence in evaluating our authority to waive fees authorized by various state laws, as well as the fiscal impact of doing so,” said Board Chairman Tim Holden. “We believe it’s the right thing to do in support of our restaurants, bars, and gathering places, so we’re glad next year to ease the financial burden to some extent for these local businesses.”

License and permit fees being waived for these retail licensees next year include the following, which vary from $30 to $700 per fee: filing fee, license fee, renewal fee, validation fee, renewal/validation surcharge, amusement permit fee, Sunday sales permit fee, and extended hours food license fee. Safekeeping extension fees, which start at $5,000 or $10,000 per year depending on the county where a license is located and allow a license to preserve an inactive license beyond two years, will also be waived in 2021. While these license fees will be waived through 2021, licensees will still be required to timely file validation and renewal applications to keep licensees current and to avoid late-filing fees.

“I absolutely support efforts to provide relief to our bars and restaurants, but I don’t believe the PLCB has the authority to waive statutorily established fees,” said Board Member Mike Negra, explaining his dissenting vote. “This fee waiver is the equivalent of the PLCB legislating, rather than administering current law, and legislating is the role of the Pennsylvania Senate, House and Governor.”

Based on permit and fee collections in FY 2019-20, licensees may save an estimated $27.7 million in license and permit fees associated with renewals and validations, while the PLCB’s operating income will decrease about $23.8 million, split over two fiscal years. The difference between the licensee savings and the operating income decrease for the PLCB is about $4 million in fees paid by licensees but returned by the PLCB to local municipalities hosting those licensees.

In the interest of fairness and in light of the fact that less than 1,000 licensees have not renewed/validated their licenses in 2020 as compared to about 16,000 that have done so and paid the associated fees, the PLCB will require all licensees to file all documents and pay all fees necessary to bring their license up to date for 2020 by Dec. 31, 2020. Additionally, licensees not actively using their licenses must put their licenses in safekeeping by Dec. 1, 2020 (there are no fees associated with putting a license in safekeeping), but licenses already in safekeeping don’t need to extend their safekeeping periods.

License fees that will continue to be collected in 2021 include, for example, those associated with wine expanded permit applications and renewals, direct wine shipper licenses, change of ownership and/or location of a license, application fees for new licenses, fees associated with a licensee’s change of officers/managers and extension of licensed premises. Manufacturers, beer distributors and transporters for hire – businesses less impacted by COVID-19 restrictions, will be required to pay license fees in 2021.

Licensees are encouraged to review the PLCB’s revised Advisory Notice 27 for details on the fee waivers.

As a result of the COVID-19 public health crisis and its impact on licensees, the PLCB, beginning last March, established certain waivers and fee deferrals that continue today.  Not only are safekeeping requirements waived for licensees no longer able to use their liquor license, but late-filing fees were waived and licensing fees continue to be deferred. Further, the PLCB continues to expedite applications for temporary extensions of license premises to include outside service areas.

The PLCB regulates the distribution of beverage alcohol in Pennsylvania, operates 600 wine and spirits stores statewide, and licenses 20,000 alcohol producers, retailers, and handlers. The PLCB also works to reduce and prevent dangerous and underage drinking through partnerships with schools, community groups, and licensees. Taxes and store profits – totaling nearly $17.9 billion since the agency’s inception – are returned to Pennsylvania’s General Fund, which finances Pennsylvania’s schools, health and human services programs, law enforcement, and public safety initiatives, among other important public services. The PLCB also provides financial support for the Pennsylvania State Police Bureau of Liquor Control Enforcement, the Department of Drug and Alcohol Programs, other state agencies, and local municipalities across the state. For more information about the PLCB, visit lcb.pa.gov.