(May 1 – 7, 2020)

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PODCAST:  Paycheck Protection Program —
PODCAST:   Proceed with Caution!

POD      CAST:     by Dan Mulholland and Phil Zarone


CMS Releases Interim Final Rule

The Centers for Medicare and Medicaid Services (“CMS”) released an interim final rule last week.  This rule, which is slated to be published in the Federal Register on May 8, 2020, provides additional policy and regulatory revisions in response to the COVID-19 Public Health Emergency.  Among other things, these revisions affect specimen collection fees for COVID-19 testing, discuss payment for audio-only telephone evaluation and management services, and contain updates regarding the provision of telehealth services.

SBA Updates FAQ on Paycheck Program Loans

The U.S. Small Business Administration (“SBA”) has updated a Frequently Asked Questions document relating to the Paycheck Protection Program Loans.  Among other things, this document includes a question about borrowers who intend to repay their loan in full by May 7, 2020 (in order to be deemed by SBA to have made the required certification in good faith).  SBA is extending the repayment date for this safe harbor to May 14, 2020.  Borrowers do not need to apply for this extension.  To access the FAQ document, click here.  Please also be aware of our recent podcast on this subject:  “Paycheck Protection Program — Proceed with Caution!”

OIG Updates FAQ

The Office of Inspector General (“OIG”) has updated a document addressing frequently asked questions relating to the application of its administrative enforcement authorities to arrangements directly connected to the COVID-19 Public Health Emergency.  This document provides informal feedback that applies only to arrangements in existence solely during the time period subject to the COVID-19 Public Health Emergency.  The document was last updated on May 4, 2020.  It is available here.

OSHA Provides Interim Guidance on Respirator Decontamination

The U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) has provided interim guidance on the application of its Respiratory Protection standards to scenarios involving the reuse of filtering facepiece respirators that have been decontaminated.  This guidance applies in workplaces in which workers need respirators to protect against exposure to infection agents, including during the care of patients with suspected or confirmed COVID-19.  The memorandum further expands flexibilities offered in previous enforcement memoranda.  It is available here.

COVID-19 Guidance and Resources

CMS continues to host multiple COVID-19 related calls and podcasts.  Audio files of the COVID?19 Stakeholder Calls are available through April 15, 2020.  These files and other resources can be found here.  To access the CMS waivers and flexibilities for health care providers, click here.  To receive updates from the Joint Commission, you can sign up for E-Alerts here.