Latest News

  • 06/25/2020 9:16 AM | Rebekah Francis (Administrator)

    2020 MIPS: Hardship exception available due to COVID-19

    The Centers for Medicare & Medicaid Services (CMS) announced flexibilities for clinicians participating in the Merit-based Incentive Payment System (MIPS) in 2020. Clinicians significantly impacted by the COVID-19 public health emergency may submit an Extreme & Uncontrollable Circumstances application to reweight any or all of the MIPS performance categories by logging into their HARP account at qpp.cms.gov. If a group practice or individual clinician submits 2020 MIPS data for one or more performance categories, that data submission will override an approved application on a category-by-category basis.

    Updated PPP forgiveness guidance released

    The Small Business Administration (SBA) released further guidance on Paycheck Protection Program (PPP) loan forgiveness. The Interim Final Rule updates previous loan forgiveness guidance to reflect the changes made under the recently enacted Paycheck Protection Program Flexibility Act. In the guidance, SBA clarifies that a borrower may submit a loan forgiveness application before the end of the covered period if he or she has used all the loan proceeds for which he or she is requesting forgiveness. For more information on the PPP, you can access MGMA’s recently updated resource. 

    CMS updates COVID-19 coverage FAQ

    CMS released new FAQs regarding COVID-19 coverage issues included in the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act. FFCRA requires insurers to cover COVID-19 tests without patient cost-sharing, but this new guidance clarifies that the requirement for coverage does not extend to tests conducted for general workplace health and safety (such as screening for employees to come back to work) or for any purposes not primarily intended for individualized diagnosis or treatment of COVID-19 or another health condition. 

    New Medicare prior authorization requirements go into effect July 1 

    The Outpatient Prospective Payment System/Ambulatory Surgical Center Final Rule issued by CMS established nationwide prior authorization requirements for certain hospital outpatient department services. The following Medicare services will require prior authorization when provided on or after July 1, 2020:

    ·     Blepharoplasty

    ·     Botulinum toxin injections

    ·     Panniculectomy

    ·     Rhinoplasty

    ·     Vein ablation

    CMS is, however, removing HCPCS code 21235 (Obtaining ear cartilage for grafting) from the list of codes that require prior authorization as a condition of payment, as it is more commonly associated with procedures unrelated to rhinoplasty that are not likely to be cosmetic in nature. The full list of HCPCS codes requiring prior authorization is available here
  • 06/18/2020 9:26 AM | Rebekah Francis (Administrator)

    New PPP loan forgiveness applications released

    The Small Business Administration released two Paycheck Protection Program (PPP) loan forgiveness applications: (1) A new, abbreviated application (Form EZ) and (2) a revised version of the original application. Form EZ is intended to be simpler to complete and is available to borrowers who meet one of three conditions. Both forms reflect the changes made to the PPP earlier this month, such as the extended covered period, the 60% payroll cost threshold, and the new safe harbor. 

    Changes to Section 1557 nondiscrimination rule

    On June 12, the Department of Health & Human Services (HHS) issued a final rule revising Affordable Care Act Section 1557’s nondiscrimination regulations. The final rule, which goes into effect on August 18, 2020, modifies certain policies and also eliminates the following requirements that existed under 2016 regulations:

    ·     The requirement for group practices and other covered entities to issue nondiscrimination notices and non-English taglines in the top-15 languages spoken by individuals with limited English proficiency in their state;

    ·     The requirement that each covered entity appoint a compliance director and adopt grievance procedures to handle complaints; and

    ·     Nondiscrimination protections based on sex stereotyping and gender identity.

    MGMA frequently receives questions about language access requirements to provide translation/interpretation services and prepared an overview of changes under the 2020 rule. In our comments on the proposed version of the rule, MGMA urged HHS to establish a reimbursement mechanism for practices that care for individuals that require language assistance services. Although HHS responded that this recommendation was outside the scope of the 2020 rule, MGMA will continue to recommend that practices receive financial assistance or reimbursement to assist with these costs. 

    MedPAC releases June 2020 report

    MedPAC, an independent board that advises Congress on how to improve Medicare, released its biannual report this week. The report focuses primarily on strategies to accelerate the move away from fee-for-service and toward a value-based payment system that offers incentives to providers to control costs while maintaining quality. Accountable care organizations (ACOs) and Medicare Advantage plans could serve as vehicles to speed up payment reform, the report states, if existing structures are improved upon. MedPAC acknowledged ACO savings are greater than other models Medicare has tested but suggested technical changes to ACOs to increase potential savings. MGMA agrees with the MedPAC recommendation that the federal government should do more to support group practices in the move toward value-based payment.
  • 06/15/2020 12:45 PM | Rebekah Francis (Administrator)

    Take action now: Tell Congress to extend Medicare telehealth waivers

    Once the Secretary of Health & Human Services (HHS) lifts the COVID-19 public health emergency (PHE) declaration, many of the telehealth flexibilities allowed during the PHE will end. Since declaring the end of a PHE is at the sole discretion of the Secretary, it is difficult to predict when he will exercise that authority. It is possible that he could end it before patients feel comfortable or safe seeking treatment in an office. To avoid a situation where providers can no longer treat patients via telehealth regardless of their location, Congress must act soon. MGMA drafted a template letter that members can send to their congressional representatives urging them to extend the Medicare telehealth flexibilities beyond the conclusion of the PHE. Since the letter is editable, we encourage members to include anecdotes on how telehealth flexibilities during the COVID-19 PHE have benefited their practices and their ability to treat patients. You can access the letter here or through our Contact Congress portal.

    HHS announces $15 billion in Provider Relief Fund payments for Medicaid and CHIP providers

    This week, HHS announced it will be distributing $15 billion to Medicaid and Children’s Health Insurance Program (CHIP) providers via a new Targeted Distribution Provider Relief Fund Payment Portal. This portal will allow providers that did not previously receive a payment from the Provider Relief Fund General Distribution to report their annual revenue data and apply to receive a payment equal to at least two percent of reported gross revenues from patient care.

    To be eligible for this funding, healthcare providers must not have received payments from the $50 billion Provider Relief Fund General Distribution and must have directly billed Medicaid for healthcare-related services during the period of January 1, 2018, to December 31, 2019. The deadline to submit an application for the Medicaid Targeted Distribution is July 20, and providers that have been allocated a payment must sign an attestation confirming receipt of the funds and agree to the Terms and Conditions within 90 days of receiving payment. HHS has published a set of instructions to assist providers in the completion of the application form.

    CMS accepting applications for Direct Contracting model through July 6

    Group practices can apply through July 6 to participate in the Medicare Direct Contracting model starting in April 2021. This model builds on the Next Generation ACO model and features higher risk and reward than the Medicare Shared Savings Program.

    The Direct Contracting model is a Centers for Medicare & Medicaid Services (CMS) advanced alternative payment model that includes capitated payments. There are two payment tracks: The Professional option is lower risk for participating physicians (50% shared savings/losses) and the Global option is full risk (100% shared savings/losses).

    More information and future updates are available on the Direct Contracting website.

    MGMA asks Congress to offer providers liability protections

    This week, MGMA joined almost 100 other organizations in urging Congress to include liability protections for providers in the next COVID-19 relief package. More specifically, the sign-on letter asks congressional leadership to include the targeted and limited liability protections for healthcare professionals that are in the bipartisan “Coronavirus Provider Protection Act.” These liability protections would extend to those who provide care in good faith during and 60 days after the COVID-19 PHE.

  • 06/04/2020 9:12 AM | Rebekah Francis (Administrator)

    Congress passes critical PPP legislation

    On Wednesday, the Senate succeeded in passing the House of Representatives' bill that makes significant changes to the Paycheck Protection Program (PPP). The legislation would lower the Small Business Administration’s requirement that 75% of the loan be spent on payroll costs to qualify for forgiveness to 60%, extend the Covered Period to 24 weeks (up until Dec. 31, 2020), allow PPP borrowers to defer payroll tax payments, establish a minimum maturity term of five years for the balance remaining after forgiveness, and provide greater flexibility for borrowers to rehire employees that would otherwise reduce the amount forgiven. Once the President signs this legislation, the Paycheck Protection Program Flexibility Act of 2020 will become law.

    MGMA to HHS: Disburse remaining Provider Relief Funds

    MGMA is urging the Department of Health & Human Services (HHS) to expeditiously provide financial relief to group practices by disbursing the remaining Provider Relief Funds. Congress appropriated $175 billion to HHS to deliver financial relief to healthcare providers in order to cover expenses and lost revenue attributable to COVID-19. HHS is making disbursements through a $50 billion General Distribution, however some providers that submitted applications for additional funding have yet to receive payments, despite applying over a month ago. MGMA is encouraging HHS to quickly deliver funds pursuant to those applications.

    After accounting for disbursements to date, HHS still has approximately $95 billion in unallocated Provider Relief Funds. Since eligibility for payments under the $50 billion General Distribution was contingent upon Medicare enrollment, MGMA is urging HHS to support group practices underrepresented in this distribution, such as providers that do not accept Medicare.

    Save the date: 2020 Washington Update and Policy Outlook webinar

    MGMA Government Affairs invites you to join us for a member-exclusive webinar on Thursday, June 25 at 1:00 p.m. ET. With legislative and regulatory changes reshaping the healthcare landscape in response to the COVID-19 pandemic, this timely program will present a mid-year update on the current state of federal healthcare policy impacting medical groups. The session’s forward-looking agenda will also provide considerations for the future of medical group practices and potential new actions Congress and the Administration could take in response to the pandemic. In addition, attendees will learn about ongoing MGMA advocacy in support of medical groups. Attendees will also have a chance to ask their most pressing questions during a question and answer session. Don’t delay - register now to secure your place!

    New APM flexibilities for COVID-19

    The Centers for Medicare & Medicaid Services (CMS) announced new flexibilities to current and future Innovation Center alternative payment models (APMs) to address the public health emergency, as detailed in a new chart. The agency previously made changes to the Medicare Shared Savings Program, summarized in the MGMA COVID-19 Action Center, but did not address other APM policies until this announcement.

    Adjustments include:

    • Extending the Next Generation accountable care organization (ACO) model through December 2021 and reducing 2020 downside risk.
    • Delaying the start of new Direct Contracting and Kidney Care Choices models until April 1, 2021, and creating a new application cycle for 2022. The new Primary Care First model will still begin Jan. 1, 2021, but the Serious Illness component is delayed until April 1.
    • Allowing participants in the Bundled Payments for Care Improvement (BPCI) model the option to eliminate upside and downside risk for 2020.
    • Additional changes to these and other models are further detailed in the chart.

    MGMA advocated for CMS to extend the Next Gen ACO program as it was previously set to end this year and also called on the agency to make adjustments to APM policies in response to COVID-19. We are pleased to see that CMS heeded our advice and is in the process of evaluating individual model changes.

    MGMA to Congress: Lift the ban on unique patient identifier

    MGMA joined 68 leading healthcare organizations calling on Congress to reject the inclusion of outdated language in Fiscal Year 2021 Appropriations legislation that prohibits HHS from spending any federal dollars to adopt a national unique patient identifier (UPI). Last year, the US House of Representatives voted to remove the ban but the Senate opposed the measure. Removing the prohibition will permit HHS to evaluate a range of solutions that protects patient privacy and is cost-effective, scalable, and secure. Deployment of a UPI would allow practices to more effectively match patient records, decrease medical errors, and facilitate EHR interoperability.

  • 05/28/2020 10:51 AM | Rebekah Francis (Administrator)

    HHS extends deadline for acceptance of terms and conditions for Provider Relief Fund payments

    HHS announced another extension to the deadline to accept the Terms and Conditions for Provider Relief Fund payments from the $50 billion general distribution. Providers now have 90 days from the date they received a Provider Relief Fund payment to accept the Terms and Conditions or return the funds. For example, providers that received funds on April 10 will have a new deadline for attestation of July 9. Furthermore, providers that do not accept the Terms and Conditions after 90 days of receipt will be deemed to have accepted the funds and associated Terms and Conditions.

    MGMA will continue to track and report developments pertaining to the HHS Provider Relief Funds, including the nearly $100 billion in appropriated funding that has yet to be allocated. 

    Newly updated MGMA resource: Commercial health plan COVID-19 policies

    MGMA developed and recently updated the Commercial Health Plan COVID-19 Policies resource to help groups better understand key COVID-19 related health plan policies that impact medical practices. The resource incorporates information from large commercial plans such as Aetna, Cigna, Humana, UnitedHealthcare, and others. The resource outlines each plan’s policies on advanced payments, telehealth, prior authorization, billing/coding, and other relevant COVID-19 changes.

    SBA releases long-awaited PPP loan forgiveness guidance

    The Small Business Administration (SBA) released new interim final rules on Paycheck Protection Program (PPP) loan forgiveness and loan review process. The loan forgiveness guidance mostly clarifies information already published in the PPP loan forgiveness application, such as FTE reduction exceptions, how to calculate employee salary/wage reductions, and when payroll/nonpayroll costs must be incurred and/or paid to be eligible for forgiveness. The SBA loan review procedure guidance describes the process by which SBA plans to undertake PPP loan reviews, and reiterates that a lender must issue a decision to SBA on loan forgiveness within 60 days. That decision can take the form of an approval (in whole or in part), a denial, or a denial without prejudice due to a pending SBA review of the loan.

    New draft legislation to amend PPP loans

    After hearing from constituents, Congress identified several issues with the PPP as currently implemented. As a result, a number of bills were introduced to amend the PPP to provide borrowers with more flexibility. One of these bills, the Paycheck Protection Flexibility Act, is scheduled for a vote in the House of Representatives today. MGMA supports this legislation, which would allow loan forgiveness for expenses beyond the eight-week covered period, eliminate the restriction that limits nonpayroll expenses to 25% of the loan amount, extend the two-year maximum loan term requirement, and allow PPP borrowers to utilize the payroll tax deferment incentive established in the Coronavirus Aid, Relief, and Economic Security Act.
  • 05/21/2020 10:24 AM | Rebekah Francis (Administrator)

    Provider Relief Fund attestation deadline approaching

    Group practices who received a payment from the Department of Health and Human Services (HHS) under the Provider Relief Fund must sign an attestation confirming receipt of funds and agreeing to conditions of payment within 45 days of payment. That means groups who received funding from the initial distribution on April 10 have until May 24 to attest. Notably, not returning the payment within 45 days of receipt will be viewed as acceptance of the funds and associated terms and conditions.

    HHS also announced this week that providers have until June 3 to submit revenue information to be considered for an additional payment from the $50 billion general distribution. While HHS automatically disbursed payments from the first tranche ($30 billion) starting on April 10, most group practices must submit a request to receive additional funds from the second tranche ($20 billion).

    Finally, HHS updated and clarified FAQs on the Provider Relief Fund general distribution. With the Department updating their FAQs and website periodically without any formal announcement or notification, MGMA recommends that group practices review this new guidance. See MGMA’s resource on financial relief programs for more information.

    SBA releases PPP loan forgiveness application

    The Small Business Administration (SBA) released an application for Paycheck Protection Program (PPP) borrowers to submit to their lenders when seeking loan forgiveness. The application includes:

    • Instructions on how to perform calculations for loan forgiveness;
    • A list of documents borrowers must submit with the PPP loan forgiveness application;
    • Confirmation that eligible nonpayroll costs still cannot exceed 25% of the total forgiveness amount;
    • A newly created “Alternative Payroll Covered Period” for borrowers with biweekly (or more frequent) pay periods, which would allow the eight-week Covered Period to begin on the first day of the first pay period following PPP loan disbursement;
    • Clarification that borrowers are generally eligible for forgiveness for payroll/nonpayroll costs paid and payroll costs incurred during the eight-week Covered Period (or Alternative Payroll Covered Period); and
    • Additional FTE reduction exceptions.

    While the application is helpful, it does not resolve all outstanding questions. MGMA hopes to see additional loan forgiveness guidance from SBA and will update membership on future developments. working from home, and other recommendations. In addition, the toolkit outlines the recently-released guidance from the Office for Civil Rights on HIPAA enforcement discretion for telehealth.

    MGMA advocates for additional relief for physician practices, ACOs

    Last week, Democratic leadership in the U.S. House of Representatives introduced the ‘‘Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act,” which includes several provisions that directly pertain to medical practices. The legislation would make further amendments to the PPP, Medicare’s Advance Payment Program, and the Provider Relief Fund. While this bill is not expected to pass due to lack of bipartisan support, MGMA offered several key recommendations for consideration as Congress works to come to a bipartisan agreement.

    Additionally, MGMA and other industry-leading associations have urged the Centers for Medicare & Medicaid Services (CMS) to provide flexibility for practices participating in a Medicare accountable care organization (ACO) and to protect them from potentially harmful losses created by the COVID-19 pandemic. Specifically, MGMA called on CMS to:

    New COVID-19 resource: Maintaining cyber security while working remotely To assist members in ensuring the security of their patient’s information when working outside their medical practice, MGMA has developed the new Maintaining Cyber Security while Working Remotely Toolkit. Home offices are increasingly being used during the COVID-19 pandemic, and they are generally more vulnerable to cyber attacks than systems located in medical offices. The resource offers action steps to ensure the physical security of devices, improve the security of your network, practical tips when
    • Adopt a policy to give ACOs an option to be protected from losses in exchange for a reduced shared savings rate, no less than 40%;
    • Extend the current June 1 Medicare Shared Savings Program (MSSP) deadline to voluntarily terminate to avoid financial losses to no earlier than Oct. 31;
    • Reverse its decision to cancel the 2021 MSSP application cycle; and
    • Pay ACO shared savings payments and advanced alternative payment model bonuses as soon as possible.
  • 04/30/2020 4:52 PM | Rebekah Francis (Administrator)

    Regulatory alert: CMS increases telehealth payments and makes ACO changes

    Today, the Centers for Medicare & Medicaid Services (CMS) issued another round of regulatory waivers through an interim final rule intended to expand care to Medicare beneficiaries and provide more flexibilities to the providers that treat them. The changes outlined below will be effective for the duration of the COVID-19 public health emergency (PHE).

    Changes to telehealth policy:

    • Following MGMA advocacy, CMS is increasing payment for audio-only telephone E/M services (CPT codes 99441-99443) such that they are paid at the same rate as similar office and outpatient E/M visits, resulting in increased payments from $14-$41 to $46-$110. CMS believes that the resources required to furnish these services during the PHE are better captured by RVUs associated with level 2-4 established office/outpatient E/M visits. CMS is not increasing payment for CPT codes 98966-98968, which are intended for practitioners that cannot separately bill for E/M. This policy is retroactive to March 1, 2020.
    • For telehealth services other than CPT codes 99441-99443 and 98966-98968 (now added to the list of covered telehealth services), Medicare continues to require modalities that have both audio and video capabilities.
    • CMS is forgoing its typical rulemaking process to add new services to the list of Medicare services that may be furnished via telehealth. Instead, CMS will add new telehealth services on a sub-regulatory basis to speed up the process of adding codes to the list.

    Changes to Medicare Shared Savings Program (MSSP):

    • There will be no application cycle for a Jan. 1, 2021 start date, and ACOs in the last performance year of their current agreement period (mainly Track 1 ACOs and Track 1+ Model ACOs) will be allowed to voluntarily extend their agreement period by an additional performance year in 2021.
    • ACOs participating in the BASIC track glide path will be permitted to maintain their current risk level under the BASIC track for PY 2021 and freeze progression to higher risk.
    • CMS is removing all Part A and B payment amounts for episodes of care involving the treatment of COVID-19 for the purposes of determining benchmark year and performance year expenditures.
    • The list of primary care services used for beneficiary attribution will be expanded to include additional telemedicine services.

    MGMA Government Affairs will continue to inform medical groups as the Administration releases additional waivers and further guidance on COVID-19 related regulatory changes. CMS’ press release on the changes can be found here and a fact sheet on MSSP changes can be found here.

  • 04/27/2020 11:31 AM | Rebekah Francis (Administrator)

    On April 26, the Centers for Medicare & Medicaid Services (CMS) announced that it is reevaluating the amounts that will be paid under its Accelerated Payment Program and suspending its Advance Payment Program to Part B suppliers effective immediately. The agency made this announcement following the successful payment of over $100 billion to health care providers and suppliers through these programs and in light of the $175 billion recently appropriated for health care provider relief payments.

    CMS had expanded these temporary loan programs to ensure providers and suppliers had the resources needed to combat the beginning stages of the 2019 Novel Coronavirus (COVID-19). Funding will continue to be available to hospitals and other health care providers on the front lines of the coronavirus response primarily from the Provider Relief Fund. The Accelerated and Advance Payment (AAP) Programs are typically used to give providers emergency funding and address cash flow issues for providers and suppliers when there is disruption in claims submission or claims processing, including during a public health emergency or Presidentially-declared disaster.

    Since expanding the AAP programs on March 28, 2020, CMS approved over 21,000 applications totaling $59.6 billion in payments to Part A providers, which includes hospitals. For Part B suppliers, including doctors, non-physician practitioners and durable medical equipment suppliers, CMS approved almost 24,000 applications advancing $40.4 billion in payments. The AAP programs are not a grant, and providers and suppliers are typically required to pay back the funding within one year, or less, depending on provider or supplier type. Beginning today, CMS will not be accepting any new applications for the Advance Payment Program, and CMS will be reevaluating all pending and new applications for Accelerated Payments in light of historical direct payments made available through the Department of Health & Human Services’ (HHS) Provider Relief Fund.

    Significant additional funding will continue to be available to hospitals and other health care providers through other programs. Congress appropriated $100 billion in the Coronavirus Aid, Relief, and Economic Security (CARES) Act (PL 116-136) and $75 billion through the Paycheck Protection Program and Health Care Enhancement Act (PL 116-139) for health care providers. HHS is distributing this money through the Provider Relief Fund, and these payments do not need to be repaid.

    The CARES Act Provider Relief Fund is being administered through HHS and has already released $30 billion to providers and is in the process of releasing an additional $20 billion, with more funding anticipated to be released soon. This funding will be used to support health care-related expenses or lost revenue attributable to the COVID-19 pandemic and to ensure uninsured Americans can get treatment for COVID-19.

    For more information on the CARES Act Provider Relief Fund and how to apply, visit: hhs.gov/providerrelief.

    For an updated fact sheet on the Accelerated and Advance Payment Programs, visit: https://www.cms.gov/files/document/Accelerated-and-Advanced-Payments-Fact-Sheet.pdf.

  • 04/24/2020 11:31 AM | Rebekah Francis (Administrator)

    Congress passes aid package to assist healthcare providers and small businesses

    Today, Congress passed an economic aid package to assist healthcare providers and small businesses. The Paycheck Protection Program and Health Care Enhancement Act (H.R. 266) includes $321 billion for the recently depleted Paycheck Protection Program (PPP), $60 billion for Economic Injury Disaster Loans (EIDL) loans and grants, $75 billion for hospitals and healthcare providers, and $25 billion for COVID-19 testing. If signed into law, the Small Business Administration can once again begin accepting PPP applications. The $75 billion for healthcare providers would be in addition to the original $100 billion in relief funds allocated under the CARES Act and distributed in the future by the Department of Health and Human Services (HHS). President Trump has signaled support and is expected to sign the bill into law.

    MGMA advocates for CARES Act Provider Relief fund distribution and clarifications

    MGMA urged HHS to clarify certain terms and conditions associated with accepting Provider Relief grant funds under the CARES Act. HHS distributed $30 billion in funds to Medicare providers starting April 10 and requires all recipients to sign an agreement form and attestation confirming receipt of the funds within 30 days. Medical group practices that do not wish to agree to the terms and conditions may return the payment, but any practice that does not return the funds or attest within 30 days will be deemed to have accepted the funds and associated conditions. Following numerous member questions and concerns about ambiguous or unclear attestation conditions, MGMA recommended HHS expeditiously release additional guidance so that group practices can make informed decisions before submitting attestations.

    On April 22, HHS announced it is distributing another $20 billion which, together with the initial $30 billion, is described as a $50 billion “general allocation.” The $20 billion will be disbursed based on 2018 net patient revenue, not just Medicare fee-for-service. MGMA is seeking clarification on this announcement. Visit the Provider Relief landing page for more information.

    CMS releases guidelines for reopening facilities to provide non-emergent, non-COVID care

    This week, CMS announced phase 1 criteria to guide health systems and facilities as they consider resuming in-person care of non-COVID-19 patients in regions with low incidence of COVID-19 disease. The agency explains that careful planning is required to resume in-person care of patients requiring non-COVID-19

    care, and all aspects of care must be considered, including:

    • Adequate facilities, workforce, testing, and supplies; and
    • Adequate workforce across phases of care (such as availability of clinicians, nurses, anesthesia, pharmacy, imaging, pathology support, and post-acute care).

    MGMA will update members as CMS releases additional recommendations.

    HHS announces delay of major parts of its interoperability rules

    Due to the impact of the COVID-19 pandemic, HHS announced a delay in its implementation and enforcement of a number of important provisions of recently-released interoperability regulations. For example, the requirement that hospitals provide practices patient data on admissions, discharge and transfer is delayed six additional months, going into effect one year after implementation of the final rule. In addition, the EHR vendors have an additional three months to comply with the requirement to support patient access to their data via third-party apps. The clock for implementation of the final rules does not start until they are published in the Federal Register, expected to occur early next month. HHS' Office of Inspector General also unveiled its proposed rule to impose financial penalties on certain entities that violate the information-blocking rules.

    Extended 2019 MIPS data submission ends April 30, plus new 2020 COVID-19 improvement activity

    The 2019 Merit-based Incentive Payment System (MIPS) data submission extension will end on April 30, 2020, at 8 pm. Individual MIPS eligible clinicians (ECs) who have not submitted any data, and who do not submit their MIPS data by the submission deadline will qualify for the 2019 automatic extreme and uncontrollable circumstances policy. MIPS ECs, groups, and virtual groups that submitted some data, but not able to complete their 2019 MIPS submission can now apply for a 2019 extreme and uncontrollable circumstances exception due to the COVID-19 pandemic. 

    The Centers for Medicare & Medicaid Services (CMS) also announced that ECs may now earn 2020 MIPS credit for participation in a clinical trial and reporting clinical information by attesting to the new COVID-19 Clinical Trials improvement activity. In order to receive credit for the new improvement activity, ECs must attest that they participate in a COVID-19 clinical trial utilizing a drug or biological product to treat a patient with a COVID-19 infection and report their findings through a clinical data repository or clinical data registry for the duration of their study. Click here for additional information on 2019 MIPS data submission and this new improvement activity.

  • 04/10/2020 10:05 AM | Rebekah Francis (Administrator)

    The Department of Health & Human Services (HHS) announced today it is beginning distribution of $30 billion in grants to hospitals and providers as part of the $100 billion fund authorized by the CARES Act; more information on the initial disbursement can be found here. These are payments, not loans, that have no repayment obligations and could be delivered via direct deposit as early as today. 

    This announcement follows MGMA advocacy urging HHS to provide immediate financial support to group practices in order for them to sustain operations and continue treating patients. We will continue to press HHS to disburse remaining funds directly to medical group practices in an expeditious, efficient manner.

    Healthcare entities eligible for the initial $30 billion include all facilities and providers that received Medicare fee-for-service (FFS) payments in CY 2019. Importantly, this is only the first wave of funds under the $100 billion, and MGMA expects forthcoming distributions will focus on providers with lower shares of Medicare FFS reimbursement or who predominantly serve the Medicaid population.

    Payment distribution amounts are determined by the eligible provider’s share of 2019 Medicare FFS reimbursements. HHS is partnering with UnitedHealth Group and Optum Bank to assist in the delivery of the initial $30 billion; funds will be distributed to the eligible provider’s billing tax identification number (TIN) using direct deposit information on file with United, Optum, or Medicare (with “HHSPAYMENT” or “HHS Stimulus” as the payment descriptor), or via paper check for those that normally receive reimbursement this way. Within 30 days of payment, HHS requires providers to attest to receipt of the funds and agree to certain terms via a portal opening on April 13. 

    The $30 billion being distributed was authorized under the CARES Act, which was the third COVID-19 economic stimulus bill passed by Congress. The CARES Act designates $100 billion in funding through the Public Health and Social Services Emergency Fund and requires HHS to distribute capital through grants or “other mechanisms” to eligible healthcare entities, which include hospitals and group practices that are experiencing financial losses due to COVID19. Unlike the small business loans authorized under CARES, there are no employer size limitations.

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