Compliagent
Compliagent’s CEO, Nick Merkin, and Compliagent’s Regional Compliance Director, Erin Maclean, publish best practices primer in this month’s Compliance Today on integrating Telehealth into compliance programs.
Click here to read the full article:
https://compliancecosmos.org/integrating-telehealth-compliance-programs-best-practices-compliance-professionals?authkey=b2bcfaec403e463bcfa53d1c4c6e87011bd6cadfa224085b5699d7a3b9bead7b
The Confidentiality of Substance Use Disorder Patient Records regulations were originally issued in 1975 to ensure the confidentiality of patient records for the treatment of substance use disorder (SUD), at a time when there was no broader privacy and data security standard for protecting healthcare data. Over the years, there have been multiple updates to the original regulations. On August 26, 2019, SAMHSA published a Notice of Proposed Rule making that proposed changes to the regulations that would better align with the needs of individuals with SUD and of those who treat these patients in need, and help facilitate the provision of well coordinated care, while ensuring appropriate confidentiality protection for persons in treatment .
This Final Rule makes important changes that can help safeguard the health and outcomes of individuals with SUD, and specifically takes important first steps toward the greater flexibility for information sharing envisioned by Congress in its passage of the CARES Act. This Final Rule becomes effective August 14, 2020.
To read the full Final Rule, click here.
On June 9, 2020, the Office of Inspector General (OIG) published its monthly update to its Work Plan adding three (3) new COVID-19 related topics.
Meeting the Challenges Presented by COVID-19: Nursing Homes - The first part of this study will describe the characteristics of the nursing homes that were hardest hit by the pandemic . The second part of this study will describe the strategies nursing homes have used to mitigate the effects of COVID-19 on their residents and staff in the face of these unique circumstances.
Opioid Treatment Challenges During the COVID-19 Pandemic - The OIG will identify the challenges that opioid treatment programs (OTPs) are encountering during the COVID-19 pandemic. In addition, the OIG will identify the actions that OTPs are taking to address those challenges while ensuring the continuity of needed services and protecting the health and safety of their clients and staff.
Audit of Nursing Homes’ Reporting of COVID-19 Information Under CMS’s New Requirements - CMS added requirements to an existing regulation that requires nursing homes to report communicable diseases, health care-associated infections, and potential outbreaks. These facilities must now report COVID-19 data to the Centers for Disease Control and Prevention through its National Healthcare Safety Network system. The OIG will assess nursing homes' reporting of CMS-required information related to the COVID-19 public health emergency and determine whether the data reported by nursing homes were complete, accurate, and reliable.
The access the OIG’s full Work Plan, click here.
On June 1, 2020, the Centers for Medicare & Medicaid Services (CMS) unveiled enhanced enforcement for nursing homes with violations of longstanding infection control practices. This announcement builds on the previous actions CMS has taken to ensure the safety and security of nursing homes as the nation battles Coronavirus Disease 2019 (COVID-19) and is a key step in the Trump Administration’s Guidelines for Opening Up America Again.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided additional funding to CMS for necessary survey and certification work related to COVID-19. CMS will allocate this funding based on performance-based metrics. States will be required to perform on-site surveys of nursing homes with previous COVID-19 outbreaks and will be required to perform on-site surveys (within three to five days of identification) of any nursing home with new COVID-19 suspected and confirmed cases.
For more information, read the full Press Release.
The Inspector General is required to report semiannually to the head of the Department of Health and Human Services (HHS) and to Congress on the activities of the office during the 6-month periods ending March 31st and September 30th. The semiannual reports are intended to keep the Secretary of HHS and Congress fully informed of significant findings and recommendations by the Office of Inspector General (OIG) for the applicable reporting period. The Spring 2020 Semiannual Report to Congress describes the OIG's work identifying significant risks, problems, abuses, deficiencies, remedies, and investigative outcomes relating to the administration of HHS programs and operations that were disclosed between October 1, 2019, through March 31, 2020.
To read the full report, visit: Spring 2020 Semiannual Report to Congress
The Office of Inspector General (OIG) added nine (9) new items to its Work Plan in May 2020. Nursing homes appear to be high on the government’s enforcement list, accounting for three (3) of the nine (9) new work plan items. As could have been predicted, two (2) of the three (3) nursing home specific topics are focused on infection control and COVID-19 response. The third Work Plan item relates to monitoring use of psychotropic drugs. Reduction of the use of psychotropic drugs has long been on the radar of nursing homes. The Centers for Medicare & Medicaid Services (CMS) have aided this initiative by introducing a quality measure that is publicly reported to track usage of antipsychotics without appropriate diagnoses. However, CMS is now expressing concerns that publicly reporting this data may have potentially resulted in certain facilities underreporting such data.
For more information on these and other newly added Work Plan items, visit: https://oig.hhs.gov/reports-and-publications/workplan/updates.asp
In response to the COVID-19 pandemic, the Governor of Illinois has relied on authority under the Illinois Emergency Management Agency Act (the “Act”) to impose sweeping limitations on nearly all aspects of life for citizens of Illinois that are alleged to extend beyond the 30-day time period imposed by the Illinois legislature for the Governor’s exercise of emergency powers granted under the Act. Illinois state representative Darren Bailey is challenging certain actions of Governor J.B. Pritzker in a lawsuit brought in Illinois state court. Governor Pritzker subsequently removed the case to federal district court.
In its statement of interest, the United States explains that this dispute belongs in Illinois state court, and that Representative Bailey has raised substantial questions as to whether the Governor’s current response to COVID-19 is lawful. Even in the face of a pandemic, the Department of Justice notes that states must comply with their own laws in making sensitive policy choices in a manner responsive to the people and, in doing so, both respect and serve the goals of our broader federal structure, including the guarantee of due process in the U.S. Constitution.
The Updated Interim Enforcement Response Plan for COVID-19 provides instructions and guidance to Area Offices and compliance safety and health officers (CSHOs) for handling COVID-19-related complaints, referrals, and severe illness reports. On May 26, 2020, the previous memorandum on this topic will be rescinded, and the new Updated Interim Enforcement Response Plan will go into and remain in effect until further notice. This guidance is intended to be time-limited to the current COVID-19 public health emergency.
Of note, OSHA clarifies that cases of COVID-19 are not considered the equivalent of a common cold or seasonal flu. Employers are responsible for recording cases of COVID-19 if all of the following requirements are met: (1) The case is a confirmed case of COVID-19; (2) The case is work-related; and (3) The case involves one or more of the recording criteria such as receipt of medical treatment or days away from work. OSHA’s guidance emphasizes that employers must make reasonable efforts, based on the evidence available to the employer, to determine whether a confirmed case of COVID-19 would be considered work-related.
For more information regarding OSHA’s prioritization of COVID-19 inspection activities and compliance guidance, visit: https://www.osha.gov/memos/2020-05-19/updated-interim-enforcement-response-plan-coronavirus-disease-2019-covid-19
The Office of Inspector General (OIG) is highlighting their commitment to protecting patients by ensuring that health care providers have the regulatory flexibility necessary to adequately respond to COVID-19 concerns. In a series of FAQs, the OIG is responding to provider questions regarding administrative enforcement authorities, including the federal Anti-Kickback Statute and civil monetary penalty provision prohibiting inducements to beneficiaries. On May 14, 2020, the OIG published its most recent response to an inquiry about the provision of face masks at no or reduced cost by physician groups to skilled nursing facilities. In the FAQ, the OIG outlines its considerations for extending enforcement flexibility during the current public health emergency.
To read the full response, visit: https://oig.hhs.gov/coronavirus/authorities-faq.asp
