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Rural Crosswalk: CMS Flexibilities to Fight COVID-19

Summary

Rural Crosswalk: CMS Flexibilities to Fight COVID-19, a document dated May 2021 and paid for by the U.S. Department of Health and Human Services. It says it highlights COVID-19 related provisions that CMS issued or carried out during the Public Health Emergency that affect Rural Health Clinics, Federally Qualified Health Centers, Critical Access Hospitals, Rural Acute Care Prospective Payment System Hospitals and Medicare-certified Skilled Nursing Facilities. Its table of contents lists Telehealth and Other Virtual Services, CMS Hospital Without Walls, CMS Facility Without Walls, Patients Over Paperwork, Workforce, Payment, Data Reporting and Additional Guidance. Tables mark each flexibility Yes or No by facility type, including a note that CMS added 11 new services to the Medicare telehealth services list on October 14, 2020.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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Cite this document

“Rural Crosswalk: CMS Flexibilities to Fight COVID-19.” Original at www.cms.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/ppr-int-f7c95adddb58d7cf-rural-providers-pdf-0bece19ab8/, SHA-256 786a839fa1471c7cd4a848d3c5544b92b318626ad9607627434a608416554565.

Full text

May 2021




            Rural Crosswalk:
       CMS Flexibilities to Fight COVID-19
Paid for by the U.S. Department of Health and Human Services
                                                               Rural Crosswalk: CMS Flexibilities to Fight COVID-19


Since the beginning of the COVID-19 Public Health Emergency (PHE), CMS has issued an unprecedented array of temporary regulatory
waivers and new rules to equip the American healthcare system with maximum flexibility to respond to the 2019 Novel Coronavirus (COVID-
19) pandemic. These temporary changes will apply immediately across the entire U.S. healthcare system for the duration of the emergency
declaration. The goals of these actions are to 1) expand the healthcare system workforce by removing barriers for physicians, nurses, and
other clinicians to be readily hired from the community or from other states; 2) ensure that local hospitals and health systems have the
capacity to handle a potential surge of COVID-19 patients through temporary expansion sites (also known as CMS Hospital Without Walls);
3) increase access to telehealth in Medicare to ensure patients have access to physicians and other clinicians while keeping patients safe at
home; 1 4) expand in-place testing to allow for more testing at home or in community based settings; and 5) put Patients Over Paperwork to
give temporary relief from many paperwork, reporting and audit requirements so providers, health care facilities, Medicare Advantage and
Part D plans, and States can focus on providing needed care to Medicare and Medicaid beneficiaries affected by COVID-19.
This document highlights COVID-19 related provisions that CMS has issued and/or carried out during the Public Health Emergency (PHE)
that impact Rural Health Clinics (RHCs), Federally Qualified Health Centers (FQHCs), Critical Access Hospitals (CAHs), Rural Acute Care
Prospective Payment System (PPS) Hospitals, and/or Medicare-certified Skilled Nursing Facilities (SNFs).
** Indicates items added or revised in the most recent update


Table of Contents
Telehealth and Other Virtual Services .................................................................................................................................................................2
CMS Hospital Without Walls (Temporary Expansion Sites) ................................................................................................................................5
CMS Facility Without Walls (Temporary Expansion Sites) ................................................................................................................................11
Patients Over Paperwork ...................................................................................................................................................................................14
Workforce ..........................................................................................................................................................................................................23
Payment .............................................................................................................................................................................................................29
Data Reporting ...................................................................................................................................................................................................36
Additional Guidance ...........................................................................................................................................................................................38




1
  Telehealth and other virtual services are furnished by eligible clinicians paid under the Physician Fee Schedule. This document outlines telehealth and
other virtual service waivers that affect clinicians practicing in the types of facilities included or who may have reassigned their billing rights to these
facilities.


May 2021                                                                                                                                                                                                             1
                                               Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                        Telehealth and Other Virtual Services


Telehealth and Other Virtual Services
       Flexibility                                          Description                                          RHC     FQHC      CAH     Hospital    SNF
    Beneficiary       Medicare can pay for many types of office, hospital, and other visits furnished via
    Location for      telehealth across the country and including in patient’s places of residence.
                                                                                                                 Yes      Yes      Yes           Yes   No
    Telehealth        Additionally, the HHS OIG is providing flexibility for healthcare providers to reduce or
    Services          waive cost-sharing for telehealth visits paid by federal healthcare programs. 2

                      Clinicians are allowed to provide more than 135 new telehealth services, including:
                      emergency department visits, initial and subsequent observation, initial hospital care
    Additional        and hospital discharge day management, initial nursing facility visits, critical care
    Telehealth        services, intensive care services, therapy services. 3 On October 14, 2020, using a
    Services          new expedited process, CMS added 11 new services to the Medicare telehealth                Yes      Yes      Yes           Yes   Yes
    Covered by        services list. Medicare will begin paying eligible practitioners who furnish these newly
    Medicare          added telehealth services effective immediately and for the duration of the PHE.
                      These new telehealth services include certain neurostimulator analysis and
                      programming services, and cardiac and pulmonary rehabilitation services.

                      Clinicians can provide virtual check-in, remote evaluation of patient-submitted
    Virtual Check-    video/images, and e-visit services to both new and established patients. These
    Ins, Remote       services were previously limited to established patients. Licensed clinical social
                      workers, clinical psychologists, physical therapists, occupational therapists, and         Yes      Yes      Yes           Yes   No
    Evaluations, &
                      speech language pathologists can provide e-visits, virtual check-ins, and remote
    E-Visits          evaluations. A broad range of clinicians, including physicians, can now provide certain
                      services by telephone to their patients.


    Remote Patient    Clinicians can provide remote patient monitoring services to both new and established
                      patients. These services can be provided for both acute and chronic conditions and         Yes      Yes      Yes           Yes   No
    Monitoring
                      can now be provided for patients with only one disease. 4




2
  More information on this flexibility can be found here: https://oig.hhs.gov/fraud/docs/alertsandbulletins/2020/factsheet-telehealth-2020.pdf
3
  A complete list of all Medicare telehealth services can be found here: https://www.cms.gov/Medicare/Medicare-General-
information/Telehealth/Telehealth-Codes
4
  More information on this flexibility can be found here: https://www.cms.gov/files/document/covid-final-ifc.pdf


May 2021                                                                                                                                                     2
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                      Telehealth and Other Virtual Services

    Flexibility                                            Description                                            RHC   FQHC   CAH   Hospital   SNF
                    The following services no longer have limitations on the number of times they can be
 Removal of         provided by Medicare telehealth:
 Frequency           • A subsequent inpatient visit can be furnished via Medicare telehealth, without the
                       limitation that the telehealth visit is once every three days;
 Limitations on                                                                                                   No     No    Yes     Yes      Yes
                     • A subsequent SNF visit can be furnished via Medicare telehealth, without the
 Medicare
                       limitation that the telehealth visit is once every 30 days;
 Telehealth
                     • Critical care consult codes may be furnished to a Medicare beneficiary by
                       telehealth beyond the once per day limitation.
                    CMS is waiving the requirements of section 1834(m)(4)(E) of the Social Security Act
                    and 42 CFR § 410.78 (b)(2) which specify the types of practitioners that may bill for
                    their services when furnished as Medicare telehealth services from the distant site.
 Eligible           The waiver of these requirements expands the types of health care professionals that
                    can furnish distant site telehealth services to include all those that are eligible to bill   Yes   Yes    Yes     Yes      Yes
 Practitioners
                    Medicare for their professional services. This allows health care professionals who
                    were previously ineligible to furnish and bill for Medicare telehealth services, including
                    physical therapists, occupational therapists, speech language pathologists, and
                    others, to receive payment for Medicare telehealth services.
                    CMS is waiving the Medicare requirement that a physician or non-physician
                    practitioner must be licensed in the State in which s/he is practicing for individuals for
                    whom the following four conditions are met: 1) must be enrolled as such in the
 Practitioner       Medicare program, 2) must possess a valid license to practice in the State which
                                                                                                                  Yes   Yes    Yes     Yes      Yes
 Locations          relates to his or her Medicare enrollment, 3) is furnishing services – whether in person
                    or via telehealth – in a State in which the emergency is occurring in order to contribute
                    to relief efforts in his or her professional capacity, and 4) is not affirmatively excluded
                    from practice in the State or any other State that is part of the 1135 emergency area.

 Allowing FQHCs     FQHCs and RHCs may serve as distant site practitioners to furnish telehealth
 and RHCs to        services. Medicare pays for these telehealth services based on payment rates similar
 Serve as Distant   to the national average payment rates for comparable telehealth services under the            Yes   Yes    No      No       No
 Sites for          Medicare Physician Fee Schedule. These services are excluded from both the FQHC
 Telehealth         prospective payment system and the RHC all-inclusive rate calculation.

 Physician Visits
 in SNFs/           CMS is waiving the requirement in 42 CFR 483.30 for physicians and non-physician
                    practitioners to perform in-person visits for nursing home residents and allow visits to      No     No    No      No       Yes
 Nursing
                    be conducted, as appropriate, via telehealth options.
 Facilities



May 2021                                                                                                                                              3
                                              Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                       Telehealth and Other Virtual Services

    Flexibility                                             Description                                            RHC   FQHC   CAH   Hospital   SNF

                     CMS is waiving the requirements of section 1834(m)(1) of the Social Security Act and
 Audio-Only          42 CFR § 410.78(a)(3) for use of interactive telecommunications systems to furnish
                     telehealth services, to the extent they require use of video technology, for certain
 Telehealth for                                                                                                    Yes   Yes    Yes     Yes      Yes
                     services. This waiver allows the use of audio-only equipment to furnish services
 Certain Services
                     described by the codes for audio-only telephone evaluation and management
                     services, and behavioral health counseling and educational services.



 **Non-Physician     During the COVID-19 PHE, non-physician practitioners who are eligible to bill
                     Medicare directly, including registered dietitians and nutrition professionals, may bill
 Practitioner                                                                                                      Yes   Yes    Yes     Yes      No
                     for audio-only telephone assessment and management services: CPT codes 98966-
 Billing (revised)
                     98968 (Dates of service on or after March 1 until the end of the PHE).


                     When a physician or non-physician practitioner who typically furnishes professional
                     services in the hospital outpatient department furnishes telehealth services during the
 Hospital            COVID-19 PHE, they bill with a hospital outpatient place of service since that is likely
 Outpatient Fees     where the services would have been furnished if not for the COVID-19 PHE. The
 Accompanying        physician or practitioner is paid for the service under the PFS at the facility rate, which
                     does not include payment for resources such as clinical staff, supplies, or office
 Professional                                                                                                      No     No    Yes     Yes      No
                     overhead since those things are usually supplied by the hospital outpatient
 Services
                     department. During the COVID-19 PHE, if the beneficiary’s home or temporary
 Furnished Via       expansion site is considered to be a provider-based department of the hospital, and
 Telehealth          the beneficiary is registered as an outpatient of the hospital for purposes of receiving
                     telehealth services billed by the physician or practitioner, the hospital may bill under
                     the PFS for the originating site facility fee associated with the telehealth service.




May 2021                                                                                                                                               4
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                             CMS Hospital Without Walls (Temporary Expansion Sites)

CMS Hospital Without Walls (Temporary Expansion Sites)
    Flexibility                                            Description                                            RHC   FQHC   CAH   Hospital   SNF
                    As part of the CMS Hospital Without Walls initiative, hospitals can provide hospital
 Hospitals Able     services in other healthcare facilities and sites that would not otherwise be considered
 to Provide Care    to be part of a healthcare facility (such facilities would be re-enrolled as hospitals); or
                                                                                                                  No     No    Yes     Yes      No
 in Temporary       can set up temporary expansion sites to help address the urgent need to increase
 Expansion Sites    capacity to care for patients. In the absence of waivers, hospitals are generally
                    required to provide services to patients within their hospital departments.

                    CMS is waiving the enforcement of section 1867(a) of the Social Security Act (the
 Off Site Patient   Emergency Medical Treatment and Active Labor Act, or EMTALA). This will allow
                    hospitals, psychiatric hospitals, and CAHs to screen patients at a location offsite from      No     No    Yes     Yes      No
 Screening
                    the hospital’s campus to prevent the spread of COVID-19, so long as it is not
                    inconsistent with the state emergency preparedness or pandemic plan.
                    CMS is waiving certain specific paperwork requirements under this section only for
                    hospitals which are considered to be impacted by a widespread outbreak of COVID-
                    19. This allows hospitals to establish COVID-19 specific areas. Hospitals that are
                    located in a state that has widespread confirmed cases would not be required to meet
                    the following requirements:
 Paperwork
                     • 42 CFR §482.13(d)(2) with respect to timeframes in providing a copy of a medical           No     No    No      Yes      No
 Requirements
                       record.
                     • 42 CFR §482.13(h) related to patient visitation, including the requirement to have
                       written policies and procedures on visitation of patients who are in COVID-19
                       isolation and quarantine processes.
                     • 42 CFR §482.13(e)(1)(ii) regarding seclusion.
                    CMS is waiving certain physical environment requirements under the Medicare
                    conditions of participation at 42 CFR §482.41 and 42 CFR §485.623 to allow for
                    increased flexibilities for surge capacity and patient quarantine at hospitals,
                    psychiatric hospitals, and CAHs as a result of COVID-19. CMS will permit facility and
 Physical           non-facility space that is not normally used for patient care to be utilized for patient
 Environment        care or quarantine, provided the location is approved by the state (ensuring that             No     No    Yes     Yes      No
 (Hospitals)        safety and comfort for patients and staff are sufficiently addressed) and is consistent
                    with the state’s emergency preparedness or pandemic plan. States are still subject to
                    obligations under the integration mandate of the Americans with Disabilities Act, to
                    avoid subjecting persons with disabilities to unjustified institutionalization or
                    segregation.



May 2021                                                                                                                                              5
                                               Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                               CMS Hospital Without Walls (Temporary Expansion Sites)

       Flexibility                                           Description                                             RHC   FQHC   CAH   Hospital   SNF
                      For the duration of the PHE related to COVID-19, CMS is waiving certain
                      requirements under the Medicare conditions of participation at 42 CFR §482.41 and
                      §485.623 and the provider-based department requirements at 42 CFR §413.65 to
                      allow hospitals to establish and operate as part of the hospital any location meeting
                      the conditions of participation for hospitals in operation during the PHE. This waiver
                      also allows hospitals to change the status of their current provider-based department
    Hospital          locations to the extent necessary to address the needs of hospital patients as part of
    Outpatient: Use   the state or local pandemic plan. CMS also is offering some additional flexibilities to
                      furnish inpatient services under arrangements. These changes include: 5
    of Provider-
                       • Adopting a temporary extraordinary circumstances relocation exception policy for
    Based                                                                                                            No     No    Yes     Yes      No
                          on-campus PBDs and excepted off-campus PBDs that are relocating off-campus
    Departments as        during the COVID-19 PHE. Under our existing extraordinary relocation exception
    Temporary             policy, only relocating off-campus PBDs are eligible to request this exception.
    Expansion Sites    • Streamlining the process during the COVID-19 PHE for relocating PBDs to seek
                          the extraordinary circumstances exception so they can start seeing patients and
                          billing for services immediately in the relocated PBD.
                       • Allowing PBDs to relocate into more than one PBD location, and allowing PBDs to
                          partially relocate while still maintaining the original location. Hospitals can relocate
                          PBDs to the patient’s home and continue to receive the full OPPS payment
                          amount under the extraordinary circumstances relocation exception policy.


    CAH Length of     CMS is waiving the Medicare requirements that CAHs limit the number of beds to 25,
                      and that the length of stay be limited to 96 hours under the Medicare conditions of            No     No    Yes     No       No
    Stay
                      participation regarding number of beds and length of stay at 42 CFR §485.620.

                      CMS is waiving the requirement at 485.610(b) that the CAH be located in a rural area
                      or an area being treated as rural, allowing the CAHs flexibility in the establishment of
                      surge site locations. Waiving the requirement at 485.610(e) regarding off-campus and
    CAH Status and    co-location requirements allows the CAH flexibility in establishing off-site locations. In
                                                                                                                     No     No    Yes     No       No
    Location          an effort to facilitate the establishment of CAHs without walls, these waivers will
                      remove restrictions on CAHs regarding their rural location and their location relative to
                      other hospitals and CAHs. These flexibilities should be implemented so long as it is
                      not inconsistent with State or emergency or pandemic plan.



5
 More information on this flexibility can be found here: https://www.cms.gov/files/document/covid-19-regulations-waivers-enable-health-system-
expansion.pdf


May 2021                                                                                                                                                 6
                                              Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                              CMS Hospital Without Walls (Temporary Expansion Sites)

    Flexibility                                              Description                                        RHC   FQHC   CAH   Hospital   SNF
 Housing Acute        CMS is waiving requirements to allow acute care hospitals to house acute care
 Care Patients in     inpatients in excluded distinct part units, where the distinct part unit’s beds are
                      appropriate for acute care inpatients. The Inpatient Prospective Payment System
 Excluded                                                                                                       No     No    No      Yes      No
                      (IPPS) hospital should bill for the care and annotate the patient’s medical record to
 Distinct Part
                      indicate the patient is an acute care inpatient being housed in the excluded unit
 Units                because of capacity issues related to the disaster or emergency.
                      CMS is waiving the provisions related to telemedicine for hospitals and CAHs at 42
                      CFR 482.12(a)(8)-(9) and 42 CFR 485.616(c), making it easier for telemedicine
 Telemedicine         services to be furnished to the hospital’s patients through an agreement with an off-     No     No    Yes     Yes      No
                      site hospital. This allows for increased access to necessary care for hospital and CAH
                      patients, including access to specialty care.
 Inspection,
 Testing &            CMS is waiving certain physical environment requirements for Hospitals, CAHs,
 Maintenance          inpatient hospice, ICF/IIDs, and SNFs/NFs to reduce disruption of patient care and
 (ITM) under the      potential exposure/transmission of COVID-19. The physical environment regulations
                                                                                                                No     No    Yes     Yes      Yes
 Physical             require that facilities and equipment be maintained to ensure an acceptable level of
 Environment          safety and quality. CMS will permit facilities to adjust scheduled inspection, testing
 Conditions of        and maintenance (ITM) frequencies and activities for facility and medical equipment.
 Participation
 Hospital-Only
 Remote               Hospitals may bill for services furnished remotely by hospital-based practitioners to
 Outpatient           Medicare patients registered as hospital outpatients, including when the patient is at
                      home when the home is serving as a temporary provider based department of the             No     No    Yes     Yes      No
 Therapy and
                      hospital. Examples of such services include counseling and educational services as
 Education            well as therapy services.
 Services
                      Hospital clinical staff must furnish certain services such as infusions and wound care
                      in person given the nature of the services. Under interim final regulations and
                      Hospitals without Walls:
 Hospital Only         • the beneficiary’s home can be considered a provider-based department of the
                          hospital for purposes of receiving outpatient services and the beneficiary would be
 Clinical Staff In-                                                                                             No     No    Yes     Yes      No
                          registered as a hospital outpatient.
 Person Services
                       • the hospital may bill for these services as hospital outpatient services, provided
                          the PBD is an on campus or excepted off-campus PBD that relocated to the
                          patient’s home consistent with the extraordinary circumstances relocation
                          exception policy.




May 2021                                                                                                                                            7
                                           Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                           CMS Hospital Without Walls (Temporary Expansion Sites)

    Flexibility                                          Description                                           RHC   FQHC   CAH   Hospital   SNF
                   Under section 1135(b)(1) of the Act, CMS is waiving the requirements at 42 CFR
                   482.58, “Special Requirements for hospital providers of long-term care services
                   (“swing-beds”)” subsections (a)(1)-(4) “Eligibility”, to allow hospitals to establish SNF
                   swing beds payable under the SNF prospective payment system (PPS) to provide
 Expanded          additional options for hospitals with patients who no longer require acute care but are
 Ability for       unable to find placement in a SNF. This waiver applies to all Medicare enrolled
 Hospitals to      hospitals, except psychiatric and long term care hospitals that need to provide post-
                   hospital SNF level swing-bed services for nonacute care patients in hospitals, so long      No     No    No      Yes      No
 Offer Long-term
                   as the waiver is not inconsistent with the state’s emergency preparedness or
 Care Services     pandemic plan. The hospital shall not bill for SNF PPS payment using swing beds
 (“Swing-Beds”)    when patients require acute level care or continued acute care at any time while this
                   waiver is in effect. This waiver is permissible for swing bed admissions during the
                   COVID-19 PHE with an understanding that the hospital must have a plan to discharge
                   swing bed patients as soon as practicable, when a SNF bed becomes available, or
                   when the PHE ends, whichever is earlier.
 Hospitals         CMS is waiving certain eligibility requirements at 42 CFR § 412.92(a) for hospitals
 Classified as     classified as SCHs prior to the PHE. Specifically, CMS is waiving the distance
 Sole Community    requirements at paragraphs (a), (a)(1), (a)(2), and (a)(3) of 42 CFR § 412.92, and is       No     No    No      Yes      No
 Hospitals         also waiving the “market share” and bed requirements (as applicable) at 42 CFR §
 (SCHs)            412.92(a)(1)(i) and (ii).
 Hospitals
 Classified as     For hospitals classified as MDHs prior to the PHE, CMS is waiving the eligibility
 Medicare-         requirement at 42 CFR § 412.108(a)(1)(ii) that the hospital has 100 or fewer beds
                   during the cost reporting period, and the eligibility requirement at 42 CFR §
 Dependent,                                                                                                    No     No    No      Yes      No
                   412.108(a)(1)(iv)(C) that at least 60 percent of the hospital's inpatient days or
 Small Rural
                   discharges were attributable to individuals entitled to Medicare Part A benefits during
 Hospitals         the specified hospital cost reporting periods.
 (MDHs)




May 2021                                                                                                                                           8
                                          Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                          CMS Hospital Without Walls (Temporary Expansion Sites)

    Flexibility                                       Description                                            RHC   FQHC   CAH   Hospital   SNF
                  CMS is waiving and modifying particular waivers under 42 CFR §482.41(b) for
                  hospitals; §485.623(c) for CAHs; §418.110(d) for inpatient hospice; §483.470(j) for
                  ICF/IIDs and §483.90(a) for SNF/NFs. Specifically, CMS is modifying these
 Specific Life    requirements as follows:
 Safety Code      Alcohol-based Hand-Rub (ABHR) Dispensers: We are waiving the prescriptive
 (LSC) for        requirements for the placement of alcohol based hand rub (ABHR) dispensers for use
 Multiple         by staff and others due to the need for the increased use of ABHR in infection control.
 Providers:       However, ABHRs contain ethyl alcohol, which is considered a flammable liquid, and          No     No    Yes     Yes      Yes
 Alcohol-based    there are restrictions on the storage and location of the containers. This includes
 Hand-Rub         restricting access by certain patient/resident population to prevent accidental
 (ABHR)           ingestion. Due to the increased fire risk for bulk containers (over five gallons) those
                  will still need to be stored in a protected hazardous materials area. Refer to: 2012
 Dispensers
                  LSC, sections 18/19.3.2.6. In addition, facilities should continue to protect ABHR
                  dispensers against inappropriate use as required by 42 CFR §482.41(b)(7) for
                  hospitals; §485.623(c)(5) for CAHs; §418.110(d)(4) for inpatient hospice;
                  §483.470(j)(5)(ii) for ICF/IIDs and §483.90(a)(4) for SNF/NFs.
                  CMS is waiving and modifying particular waivers under 42 CFR §482.41(b) for
                  hospitals; §485.623(c) for CAHs; §418.110(d) for inpatient hospice; §483.470(j) for
 Specific Life    ICF/IIDs and §483.90(a) for SNF/NFs. Specifically, CMS is modifying these
 Safety Code      requirements as follows:
 (LSC) for        Fire Drills: Due to the inadvisability of quarterly fire drills that move and mass staff   No     No    Yes     Yes      Yes
 Multiple         together, we will instead permit a documented orientation training program related to
 Providers:       the current fire plan, which considers current facility conditions. The training will
 Fire Drills      instruct employees, including existing, new, or temporary employees, on their current
                  duties, life safety procedures and the fire protection devices in their assigned area.
                  Refer to: 2012 LSC, sections 18/19.7.1.6.




May 2021                                                                                                                                         9
                                                Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                CMS Hospital Without Walls (Temporary Expansion Sites)

       Flexibility                                            Description                                             RHC   FQHC   CAH   Hospital   SNF
                       CMS is executing an innovative Acute Hospital Care At Home program, providing
                       eligible hospitals with unprecedented regulatory flexibilities to treat eligible patients in
                       their homes. 6 This program was developed to support models of at-home hospital
                       care throughout the country that have seen prior success in several leading hospital
                       institutions and networks, and reported in academic journals, including a major study
                       funded by a Healthcare Innovation Award from the Center for Medicare and Medicaid
                       Innovation. The program clearly differentiates the delivery of acute hospital care at
    **Acute Hospital   home from more traditional home health services. While home health care provides
                       important skilled nursing and other skilled care services, Acute Hospital Care at Home
    Care at Home                                                                                                      No     No    Yes     No       Yes
                       is for beneficiaries who require acute inpatient admission to a hospital and who
    (added)
                       require at least daily rounding by a physician and a medical team monitoring their
                       care needs on an ongoing basis. To support these efforts, CMS has launched an
                       online portal to streamline the waiver request process and allow hospitals and
                       healthcare systems to submit the necessary information to ensure they meet the
                       program’s criteria to participate. 7 CMS will also closely monitor the program to
                       safeguard beneficiaries by requiring hospitals to report quality and safety data to CMS
                       on a frequency that is based on their prior experience with the Hospital At Home
                       model.




6
    An approved list of hospitals can be found here: https://www.cms.gov/files/document/covid-acute-hospital-care-home-program-approved-list-hospitals.pdf
7
    More information is available at the online portal here: https://qualitynet.cms.gov/acute-hospital-care-at-home


May 2021                                                                                                                                               10
                                            Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                            CMS Facility Without Walls (Temporary Expansion Sites)

CMS Facility Without Walls (Temporary Expansion Sites)
    Flexibility                                              Description                                      RHC   FQHC   CAH   Hospital   SNF
                    CMS is waiving the requirements at 42 CFR §491.5(a)(3)(iii) which require RHCs and
 Temporary          FQHCs be independently considered for Medicare approval if services are furnished
 Expansion          in more than one permanent location. Due to the current PHE, CMS is temporarily
 Locations for      waiving this requirement removing the location restrictions to allow flexibility for      Yes   Yes    No      No       No
 RHCs and           existing RHCs/FQHCs to expand services locations to meet the needs of Medicare
 FQHCs              beneficiaries. This flexibility includes areas which may be outside of the location
                    requirements 42 CFR §491.5(a)(1) and (2) for the duration of the PHE.
 Bed Count for      RHCs that are provider-based to a hospital with fewer than 50 beds are exempt from
 Provider-Based     the national RHC payment limit. For the duration of the PHE, the number of beds prior
                                                                                                              Yes    No    No      No       No
 RHCs and RHC       to the start of the PHE will be the official hospital bed count for application of this
 Payment Limit      policy so that hospitals are not discouraged from increasing bed capacity if needed.

                    CMS is waiving requirements related at 42 CFR 483.90, specifically the following:
                    • Provided that the state has approved the location as one that sufficiently
                      addresses safety and comfort for patients and staff, CMS is waiving requirements
                      under § 483.90 to allow for a non-SNF building to be temporarily certified and
                      available for use by a SNF in the event there are needs for isolation processes for
                      COVID-19 positive residents, which may not be feasible in the existing SNF
                      structure to ensure care and services during treatment for COVID-19 are available
                      while protecting other vulnerable adults.
                    • CMS believes this will also provide another measure that will free up inpatient care
 Physical             beds at hospitals for the most acute patients while providing beds for those still in
 Environment          need of care. CMS will waive certain conditions of participation and certification
                                                                                                              No     No    No      No       Yes
 (Long-Term           requirements for opening a NF if the state determines there is a need to quickly
 Care Facilities)     stand up a temporary COVID-19 isolation and treatment location.
                    • CMS is also waiving requirements under 42 CFR 483.90 to temporarily allow for
                      rooms in a long-term care facility not normally used as a resident’s room, to be
                      used to accommodate beds and residents for resident care in emergencies and
                      situations needed to help with surge capacity. Rooms that may be used for this
                      purpose include activity rooms, meeting/conference rooms, dining rooms, or other
                      rooms, as long as residents can be kept safe, comfortable, and other applicable
                      requirements for participation are met. This can be done so long as it is not
                      inconsistent with a state’s emergency preparedness or pandemic plan, or as
                      directed by the local or state health department.




May 2021                                                                                                                                         11
                                           Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                           CMS Facility Without Walls (Temporary Expansion Sites)

    Flexibility                                           Description                                          RHC   FQHC   CAH   Hospital   SNF
                  CMS is waiving the requirements in 42 CFR 483.10(e) (5) and (7) solely for the
                  purposes of grouping or cohorting residents with respiratory illness symptoms and/or
                  residents with a confirmed diagnosis of COVID-19, and separating them from
 **Resident       residents who are asymptomatic or tested negative for COVID-19. This action waives
 Roommates and    a facility’s requirements, under 42 CFR 483.10, to provide for a resident to share a
                                                                                                               No     No    No      No       Yes
 Grouping         room with his or her roommate of choice in certain circumstances, to provide notice
 (revised)        and rationale for changing a resident’s room, and to provide for a resident’s refusal a
                  transfer to another room in the facility.

                  Effective May 10, 2021, waived requirements in §483.10 (e)(6) were terminated.
                  CMS is waiving requirements in 42 CFR 483.10(c)(5); 483.15(c)(3), (c)(5)(i) and (iv),
                  (c)(9), and (d) (with some exceptions) to allow a long term care facility to transfer or
                  discharge residents to another LTC facility solely for the following cohorting purposes:
                   • Transferring residents with symptoms of a respiratory infection or confirmed
                      diagnosis of COVID-19 to another facility that agrees to accept each specific
                      resident, and is dedicated to the care of such residents;
                   • Transferring residents without symptoms of a respiratory infection or confirmed to
 **Resident           not have COVID-19 to another facility that agrees to accept each specific resident,
 Transfer and         and is dedicated to the care of such residents to prevent them from acquiring
                                                                                                               No     No    No      No       Yes
 Discharge            COVID-19, as well as providing treatment or therapy for other conditions as
 (revised)            required by the resident’s plan of care; or
                   • Transferring residents without symptoms of a respiratory infection to another
                      facility that agrees to accept each specific resident to observe for any signs or
                      symptoms of a respiratory infection over 14 days.

                  Effective May 9, 2021, waived requirements in § 483.21(a)(1)(i), (a)(2)(i), and (b) (2)(i)
                  were terminated. Effective May 10, 2021, waived requirements in § 483.10 (c)(4)(ii)
                  were terminated.




May 2021                                                                                                                                       12
                                            Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                            CMS Facility Without Walls (Temporary Expansion Sites)

    Flexibility                                          Description                                             RHC   FQHC   CAH   Hospital   SNF
                  A long term care (LTC) facility can temporarily transfer its COVID-19 positive
                  resident(s) to another facility, such as a COVID-19 isolation and treatment location,
                  with the provision of services “under arrangements.” The transferring LTC facility
                  need not issue a formal discharge in this situation, as it is still considered the provider
                  and should bill Medicare normally for each day of care. The transferring LTC facility is
                  then responsible for reimbursing the other provider that accepted its resident(s) during
 Transfers of     the emergency period. If the LTC facility does not intend to provide services under
 COVID-19         arrangement, the COVID-19 isolation and treatment facility is the responsible entity           No     No    No      No       Yes
 Patients         for Medicare billing purposes. The SNF should follow the procedures described in
                  40.3.4 of the Medicare Claims Processing Manual to submit a discharge bill to
                  Medicare. The COVID-19 isolation and treatment facility should then bill Medicare
                  appropriately for the type of care it is providing for the beneficiary. If the COVID-19
                  isolation and treatment facility is not yet an enrolled provider, the facility should enroll
                  through the provider enrollment hotline for the Medicare Administrative Contractor
                  that services their geographic area to establish temporary Medicare billing privileges.




May 2021                                                                                                                                         13
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                          Patients Over Paperwork

Patients Over Paperwork
    Flexibility                                           Description                                            RHC   FQHC   CAH   Hospital   SNF
                   CMS is waiving the requirements of 42 CFR §482.23, §482.24 and §485.635(d)(3) to
 Verbal Orders     allow for additional flexibilities related to verbal orders where read-back verification is   No     No    Yes     Yes      No
                   still required but authentication may occur later than 48 hours.

                   CMS is waiving reporting requirements at §482.13(g) (1)(i)-(ii) which require hospitals
                   to report patients in an intensive care unit whose death is caused by their disease
 Reporting         process but who required soft wrist restraints to prevent pulling tubes/IVs, may be
                                                                                                                 No     No    No      Yes      No
 Requirements      reported later than close of business next business day, provided any death where
                   the restraint may have contributed is continued to be reported within standard time
                   limits.

                   CMS is waiving detailed regulatory requirements to provide information regarding
                   discharge planning, as outlined in 42 CFR §482.43(a)(8), §482.61(e), and
                   485.642(a)(8). The hospital, psychiatric hospital, and CAH must assist patients, their
                   families, or the patient’s representative in selecting a post-acute care provider by
                   using and sharing data that includes, but is not limited to, home health agency (HHA),
                   SNF, inpatient rehabilitation facility (IRF), and long term care hospital (LTCH) data on
 Limit Discharge   quality measures and data on resource use measures. The hospital must ensure that
 Planning for      the post acute care data on quality measures and data on resource use measures is
                                                                                                                 No     No    Yes     Yes      No
 Hospital and      relevant and applicable to the patient’s goals of care and treatment preferences.
 CAHs              During this PHE, a hospital may not be able to assist patients in using quality
                   measures and data to select a nursing home or home health agency, but must still
                   work with families to ensure that the patient discharge is to a post-acute care provide
                   that is able to meet the patient’s care needs. CMS is maintaining the discharge
                   planning requirements that ensure a patient is discharged to an appropriate setting
                   with the necessary medical information and goals of care as described in 42 CFR
                   §482.43(a)(1)-(7) and (b).




May 2021                                                                                                                                            14
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                          Patients Over Paperwork

    Flexibility                                           Description                                            RHC   FQHC   CAH   Hospital   SNF
                    CMS is waiving certain requirements related to hospital discharge planning for post-
                    acute care services at 42 CFR §482.43(c), so as to expedite the safe discharge and
                    movement of patients among care settings, and to be responsive to fluid situations in
 Modify             various areas of the country. CMS is waiving certain requirements for those patients
 Discharge          discharged home and referred for HHA services, or for those patients transferred to a
                                                                                                                 No     No    No      Yes      No
 Planning for       SNF for post-hospital extended care services, or transferred to an IRF or LTCH for
 Hospitals          specialized hospital services. CMS is maintaining the discharge planning
                    requirements that ensure a patient is discharged to an appropriate setting with the
                    necessary medical information and goals of care as described in 42 CFR
                    §482.43(a)(1)-(7) and (b).

                    CMS is waiving the discharge planning requirement in §483.21(c)(1)(viii), which
 Detailed           requires LTC facilities to assist residents and their representatives in selecting a post-
 Information        acute care provider using data, such as standardized patient assessment data, quality
 Sharing for        measures and resource use. CMS is maintaining all other discharge planning
 Discharge          requirements, such as but not limited to, ensuring that the discharge needs of each          No     No    No      No       Yes
 Planning for       resident are identified and result in the development of a discharge plan for each
 Long-Term Care     resident; involving the interdisciplinary team, as defined at 42 CFR §483.21(b)(2)(ii),
 Facilities         in the ongoing process of developing the discharge plan address the resident's goals
                    of care and treatment preferences.
                    CMS is waiving 42 CFR §482.24(a) through (c), which cover the subjects of the
                    organization and staffing of the medical records department, requirements for the
 Medical            form and content of the medical record, and record retention requirements. CMS is
                    waiving requirements under 42 CFR §482.24(c)(4)(viii) and §485.638(a)(4)(iii) related        No     No    Yes     Yes      No
 Records
                    to medical records to allow flexibility in completion of medical records within 30 days
                    following discharge and for CAHs that all medical records must be promptly
                    completed.
                    Pursuant to section 1135(b)(5) of the Act, CMS is modifying the requirement at 42
                    CFR §483.10(g)(2)(ii) which requires long-term care (LTC) facilities to provide a
 Clinical Records   resident a copy of their records within two working days (when requested by the              No     No    No      No       Yes
                    resident). Specifically, CMS is modifying the timeframe requirements to allow LTC
                    facilities ten working days to provide a resident’s record rather than two working days.




May 2021                                                                                                                                            15
                                                Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                             Patients Over Paperwork

        Flexibility                                          Description                                           RHC   FQHC   CAH   Hospital   SNF
    Flexibility in
    Patient Self
    Determination      CMS is waiving the requirements at section 1902(a)(58) and 1902(w)(1)(A) for
                       Medicaid, 1852(i) (for Medicare Advantage), and 1866(f) and 42 CFR 489.102 for
    Act                                                                                                            No     No    Yes     Yes      No
                       Medicare, which require hospitals and CAHs to provide information about its advance
    Requirements
                       directive policies to patients.
    (Advance
    Directives)
                       Per requirements at section 1886(d)(10)(C)(ii) of the Social Security Act (the Act) and
    Postponement       42 CFR 412.256(a)(2), September 1, 2020 is the deadline to submit an application to
    of Application     the Medicare Geographic Classification Review Board (MGCRB) for FY 2022
    Deadline to the    reclassifications. These provisions require applications to be filed through OH CDMS 8
    Medicare           not later than the first day of the 13-month period preceding the Federal fiscal year for   No     No    No      Yes      No
    Geographic         which reclassification is requested. Due to the COVID-19 PHE, under the authority of
    Classification     section 1135(b)(5) of the Act, CMS is postponing the September 1 deadline until 15
    Review Board       days after the public display date of the FY 2021 IPPS/LTCH final rule by the Office of
                       the Federal Register.
                       CMS is waiving these requirements at 42 CFR §482.1(a)(3) and 42 C.F.R §482.30,
                       that requires that hospitals participating in Medicare and Medicaid to have a utilization
                       review plan that meets specified requirements. CMS is waiving the entire Utilization
    Utilization        Review CoP at §482.30, which requires that a hospital must have a utilization review
                       (UR) plan with a UR committee that provides for review of services furnished to             No     No    No      Yes      No
    Review
                       Medicare and Medicaid beneficiaries to evaluate the medical necessity of the
                       admission, duration of stay, and services provided. These flexibilities should be
                       implemented so long as they are not inconsistent with a State or pandemic/
                       emergency plan.

                       CMS is waiving 482.21(a)-(d) and (f), and 485.641(a), (b), and (d), which provide
    Quality            details on the scope of the program, the incorporation, and setting priorities for the
    Assurance and      program’s performance improvement activities, and integrated QAPI programs (for
    Performance        hospitals that are a part of a hospital system). These flexibilities, which apply to both
                       hospitals and CAHs, should be implemented so long as they are not inconsistent with         No     No    Yes     Yes      No
    Improvement
                       a state’s emergency preparedness or pandemic plan. While this waiver decreases
    Program            burden associated with the development of a hospital or CAH QAPI program, the
    (Hospitals)        requirement that hospitals and CAHs maintain an effective, ongoing, hospital-wide,
                       data driven quality assessment and performance improvement program will remain.


8
    Applications can be filed here: https://www.cms.gov/Regulations-and-Guidance/Review-Boards/MGCRB/Electronic-Filing


May 2021                                                                                                                                              16
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                          Patients Over Paperwork

    Flexibility                                           Description                                           RHC   FQHC   CAH   Hospital   SNF
 Quality
 Assurance and      CMS is modifying certain requirements in 42 CFR §483.75, which requires long-term
 Performance        care facilities to develop, implement, evaluate, and maintain an effective,
 Improvement        comprehensive, data driven QAPI program. Specifically, CMS is modifying                     No     No    No      No       Yes
 Program            §483.75(b)–(d) and (e)(3) to the extent necessary to narrow the scope of the QAPI
 (Long-Term         program to focus on adverse events and infection control.
 Care Facilities)
                    CMS is waiving the provision at 42 CFR 482.23(b)(4), 42 CFR 482.23(b)(7), and
                    485.635(d)(4), which requires the nursing staff to develop and keep current a nursing
                    care plan for each patient, and the provision that requires the hospital to have policies
                    and procedures in place establishing which outpatient departments are not required
 Nursing            under to have a registered nurse present. In addition, we expect that hospitals will
                                                                                                                No     No    Yes     Yes      No
 Services           need relief for the provision of inpatient services and as a result, the requirement to
                    establish nursing-related policies and procedures for outpatient departments is likely
                    unnecessary. These flexibilities apply to both hospitals and CAHs, and should be
                    implemented so long as they are not inconsistent with a State or
                    pandemic/emergency plan.
                    CMS is waiving the requirement at 42 CFR 482.28(b)(3) to have a current therapeutic
 Food and           diet manual approved by the dietitian and medical staff readily available to all medical,
                    nursing, and food service personnel. Such manuals would not need to be maintained           No     No    No      Yes      No
 Dietetic Service
                    at surge capacity sites. These flexibilities should be implemented so long as they are
                    not inconsistent with a State or pandemic/emergency plan.
 Written Policies   CMS is waiving 482.12(f)(3) related to Emergency services, with respect to the surge
 and Procedures     facility(ies) only, such that written policies and procedures for staff to use when
 for Appraisal of   evaluating emergencies are not required for surge facilities. This removes the burden
 Emergencies at     on facilities to develop and establish additional policies and procedures at their surge    No     No    No      Yes      No
 Off Campus         facilities or surge sites related to the assessment, initial treatment and referral of
 Hospital           patients. These flexibilities should be implemented so long as they are not
 Departments        inconsistent with a state’s emergency preparedness or pandemic plan.




May 2021                                                                                                                                           17
                                            Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                         Patients Over Paperwork

    Flexibility                                         Description                                          RHC   FQHC   CAH   Hospital   SNF
                   CMS is waiving 482.15(b) and 485.625(b), which requires the hospital and CAH to
                   develop and implement emergency preparedness policies and procedures, and
 Emergency         482.15(c)(1)-(5) and 485.625(c)(1)-(5) which requires that the emergency
 Preparedness      preparedness communication plans for hospitals and CAHs to contain specified
                   elements with respect to the surge site. The requirement under the communication          No     No    Yes     Yes      No
 Policies and
                   plan requires hospitals and CAHs to have specific contact information for staff,
 Procedures        entities providing services under arrangement, patients’ physicians, other hospitals
                   and CAHs, and volunteers. This would not be an expectation for the temporary
                   expansion site.

                   CMS is delaying the filing deadline of certain cost report due dates due to the COVID-
                   19 outbreak. We are currently authorizing delay for the following fiscal year end (FYE)
                   dates. CMS will delay the filing deadline of FYE 10/31/2019 cost reports due by
                   March 31, 2020 and FYE 11/30/2019 cost reports due by April 30, 2020. The
                   extended cost report due dates for these October and November FYEs will be June
 Cost Reporting                                                                                              Yes   Yes    Yes     Yes      Yes
                   30, 2020. CMS will also delay the filing deadline of the FYE 12/31/2019 cost reports
                   due by May 31, 2020. The revised extended cost report due date for FYE 12/31/2019
                   will be August 31, 2020. For the FYE 01/31/2020 cost report, the extended due date
                   is August 31, 2020. For the FYE 02/29/2020 cost report, the extended due date is
                   September 30, 2020.

                   This waiver of the requirement for a 3-day prior hospitalization for coverage of a SNF
 3-day Prior       stay provides temporary emergency coverage of SNF services without a qualifying
 Hospitalization   hospital stay, for those people who are evacuated, transferred, or otherwise
                                                                                                             No     No    No      No       Yes
 for Coverage of   dislocated as a result of the effect of disaster or emergency. In addition, for certain
 a SNF Stay        beneficiaries who recently exhausted their SNF benefits, it authorizes renewed SNF
                   coverage without first having to start a new benefit period.

 **Reporting
 Minimum Data      (This waiver was terminated effective May 10, 2021) CMS is waiving 42 CFR §483.20
                   to provide relief to SNFs on the timeframe requirements for Minimum Data Set              No     No    No      No       Yes
 Set for SNFs
                   assessments and transmission.
 (revised)




May 2021                                                                                                                                        18
                                            Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                         Patients Over Paperwork

    Flexibility                                          Description                                         RHC   FQHC   CAH   Hospital   SNF
 Extension for     CMS collects data every 3 years on the occupational mix of employees for each
 Inpatient         short-term, acute care hospital participating in the Medicare program. CMS originally
 Prospective       granted an extension for hospitals nationwide affected by COVID-19 until August 3,
 Payment           2020. Due to continued COVID-19 related concerns from hospitals about meeting this
 System (IPPS)     deadline, CMS is further extending this deadline to September 3, 2020. Hospitals          No     No    No      Yes      No
 Wage Index        must submit their occupational mix surveys along with complete supporting
 Occupational      documentation to their MACs by no later than September 3, 2020. Hospitals may then
 Mix Survey        submit revisions to their occupational mix surveys to their Medicare Administrative
 Submission        Contractors (MACs), if needed, by no later than September 10, 2020.
 Waive Pre-        CMS is waiving 42 CFR 483.20(k), allowing nursing homes to admit new residents
 Admission         who have not received Level 1 or Level 2 Preadmission Screening. Level 1
 Screening and     assessments may be performed postadmission. On or before the 30th day of
                                                                                                             No     No    No      No       Yes
 Annual Resident   admission, new patients admitted to nursing homes with a mental illness (MI) or
 Review            intellectual disability (ID) should be referred promptly by the nursing home to State
 (PASARR)          PASARR program for Level 2 Resident Review.
                   CMS is waiving the requirements at 42 CFR 483.10(f)(5), which ensure residents can
 Resident          participate in-person in resident groups. This waiver would only permit the facility to
                   restrict in-person meetings during the national emergency given the                       No     No    No      No       Yes
 Groups
                   recommendations of social distancing and limiting gatherings of more than ten
                   people.

                   CMS is modifying the nurse aide training requirements at §483.95(g)(1) for SNFs and
 In-Service        NFs, which requires the nursing assistant to receive at least 12 hours of in-service
                   training annually. In accordance with section 1135(b)(5) of the Act, CMS is postponing    No     No    No      No       Yes
 Training
                   the deadline for completing this requirement throughout the COVID-19 PHE until the
                   end of the first full quarter after the declaration of the PHE concludes.




May 2021                                                                                                                                        19
                                                 Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                              Patients Over Paperwork

       Flexibility                                            Description                                          RHC   FQHC   CAH        Hospital   SNF
                        The Interoperability and Patient Access final rule includes policies that impact a
    Relaxed             variety of stakeholders. Recognizing that hospitals, including psychiatric hospitals and
    Enforcement of      CAHs, are on the frontlines of the COVID-19 PHE, CMS is extending the
    Certain             implementation timeline for the admission, discharge, and transfer notification CoPs
                        by an additional 6 months. In the version of the rule displayed on March 9, 2020 on
    Interoperability                                                                                               No     No    Yes          Yes      No
                        the CMS website, it stated these CoPs would be effective 6 months after the
    and Patient
                        publication of the final rule in the Federal Register. We have changed this in the final
    Access Final        rule now displayed on the Federal Register to state that the new CoPs at 42 CFR
    Rule Policies       Parts 482 and 485 will now be effective 12 months after the final rule is published in
                        the Federal Register.

                        The physician self-referral law (also known as the “Stark Law”) prohibits a physician
                        from making referrals for certain healthcare services payable by Medicare if the
                        physician (or an immediate family member) has a financial relationship with the entity
                        performing the service. There are statutory and regulatory exceptions, but in short, a
                        physician cannot refer a patient to any entity with which he or she has a financial
    “Stark Law”         relationship. On March 30, 2020, CMS issued blanket waivers of certain provisions of
                                                                                                                   Yes   Yes    Yes          Yes      Yes
    Waivers             the Stark Law regulations. These blanket waivers apply to financial relationships and
                        referrals that are related to the COVID-19 emergency. The remuneration and referrals
                        described in the blanket waivers must be solely related to COVID-19 Purposes, as
                        defined in the blanket waiver document. Under the waivers, CMS will permit certain
                        referrals and the submission of related claims that would otherwise violate the Stark
                        Law. 9

                        CMS has established toll-free hotlines for all providers as well as the following
    Provider            flexibilities for provider enrollment:
                         • Waive certain screening requirements.                                                   Yes   Yes    Yes          Yes      Yes
    Enrollment
                         • Postpone all revalidation actions.
                         • Expedite any pending or new applications from providers.

    Relief in Quality   CMS is granting exceptions from reporting requirements and extensions for clinicians
    Reporting           and providers participating in Medicare quality reporting programs with respect to         No     No    Yes          Yes      Yes
    Programs            upcoming measure reporting and data submission for those programs.



9
    More information on this flexibility can be found here: https://www.cms.gov/Medicare/Fraud-and-Abuse/PhysicianSelfReferral/Spotlight


May 2021                                                                                                                                                   20
                                                 Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                              Patients Over Paperwork

       Flexibility                                            Description                                           RHC   FQHC   CAH   Hospital   SNF
                        The Advance Beneficiary Notice of Noncoverage (ABN), Form CMS-R-131, is issued
                        by providers (including independent laboratories, home health agencies, and
                        hospices), physicians, practitioners, and suppliers to Original Medicare (fee for
 Advance                service - FFS) beneficiaries in situations where Medicare payment is expected to be
 Beneficiary            denied. The ABN is issued to transfer potential financial liability to the Medicare
 Notice of              beneficiary in certain instances. [Note: Skilled nursing facilities (SNFs) issue the ABN
                        to transfer potential financial liability for items/services expected to be denied under    Yes   Yes    Yes     Yes      Yes
 Noncoverage
                        Medicare Part B only.] The ABN, Form CMS-R-131, and instructions have been
 (ABN) Use              approved by the Office of Management and Budget (OMB) for renewal. Due to
 Extension              COVID-19 concerns, CMS has expanded the deadline for use of the renewed ABN,
                        Form CMS-R-131 (exp. 6/30/2023). At this time, the renewed ABN will be mandatory
                        for use on 1/1/2021. The renewed form may be implemented prior to the mandatory
                        deadline.
 Volume                 CMS will not enforce the procedural volume requirements contained in the NCDs for
 Requirements           percutaneous left atrial appendage closure, transcatheter aortic valve replacement,
 for Certain            transcatheter mitral valve replacement, and ventricular assist devices for facilities and
 National               providers that, prior to the PHE for COVID-19, met the volume requirements. This            No     No    Yes     Yes      No
 Coverage               enforcement discretion ensures that beneficiaries will continue to have access to the
 Determinations         services that are covered under these NCDs and applies only during the period of the
 (NCDs)                 PHE for COVID-19.
                        CMS is not enforcing signature and proof of delivery requirements for Part B drugs
 Signature              and Durable Medical Equipment when a signature cannot be obtained because of the
                        inability to collect signatures. Suppliers should document in the medical record the        No     No    Yes     Yes      No
 Requirements
                        appropriate date of delivery and that a signature was not able to be obtained because
                        of COVID-19. 10




10
     More information on this flexibility can be found here: https://www.cms.gov/files/document/se20011.pdf


May 2021                                                                                                                                               21
                                            Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                         Patients Over Paperwork

    Flexibility                                         Description                                      RHC   FQHC    CAH     Hospital   SNF
 Hospital Value-
 Based
 Purchasing         CMS has the ability to grant exceptions to hospitals located in entire regions or
 (VBP)              locales, which could include the entire United States, without an ECE request form
                    where we determine that the extraordinary circumstance has affected the entire
 Program’s                                                                                               No     No      No       Yes       No
                    region or locale. CMS is granting an exception for certain HVBP reporting
 Extraordinary
                    requirements in light of the COVID-19 PHE as specified in the March 27, 2020
 Circumstances      guidance memo. 11
 Exceptions
 (ECE) Policy




11
  The guidance memo can be found here: https://www.cms.gov/files/document/guidance-memo-exceptions-and-extensions-quality-reporting-and-value-
based-purchasing-programs.pdf


May 2021                                                                                                                                         22
                                           Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                               Workforce

Workforce
    Flexibility                                         Description                                          RHC   FQHC   CAH   Hospital   SNF
                  CMS is waiving the Medical Staff requirements at 42 CFR §482.22(a)(1)-(4) to allow
                  for physicians whose privileges will expire to continue practicing at the hospital and
 Medical Staff    for new physicians to be able to practice in the hospital before full medical
                                                                                                             No     No    No      Yes      No
 Requirements     staff/governing body review and approval to address workforce concerns related to
                  COVID-19. CMS is waiving §482.22(a) (1)-(4) regarding details of the credentialing
                  and privileging process.
                  CMS is waiving 482.12(c), which requires that Medicare patients be under the care of
 Physician        a physician. This allows hospitals to use other practitioners, such as physician’s
                  assistant and nurse practitioners to the fullest extent possible. This waiver should be    No     No    No      Yes      No
 Services
                  implemented so long as they are not inconsistent with a state’s emergency
                  preparedness or pandemic plan.
                  CMS is waiving requirements under 42 CFR §482.52(a)(5), §485.639(c) (2), and
                  §416.42 (b)(2) that a certified registered nurse anesthetist (CRNA) is under the
                  supervision of a physician in paragraphs §482.52(a)(5) and §485.639(c)(2). CRNA
 Anesthesia       supervision will be at the discretion of the hospital and state law. This waiver applies
                                                                                                             No     No    Yes     Yes      No
 Services         to hospitals, CAHs, and Ambulatory Surgical Centers (ASCs). These waivers will
                  allow CRNAs to function to the fullest extent of their licensure, and may be
                  implemented so long as they are not inconsistent with a state’s emergency
                  preparedness or pandemic plan.

                  CMS is waiving the requirement at 42 CFR 482.57(b)(1) that hospitals designate in
 Respiratory      writing the personnel qualified to perform specific respiratory care procedures and the
                  amount of supervision required for personnel to carry out specific procedures. These       No     No    No      Yes      No
 Care Services
                  flexibilities should be implemented so long as they are not inconsistent with a State or
                  pandemic/emergency plan.

                  CMS is waiving the minimum personnel qualifications for clinical nurse specialist,
                  nurse practitioners, and physician assistants described at 42 CFR 485.604 (a)(2), 42
 CAH Minimum      CFR 485.604 (b)(1-3), and 42 C.F.R 485.604 (c)(1-3). Clinical Nurse Specialists,
                  Nurse Practitioners, and Physician Assistants will still have to meet state
 Personnel                                                                                                   No     No    Yes     No       No
                  requirements for licensure and scope of practice, but not additional Federal
 Qualifications
                  requirements that may exceed State requirements. These flexibilities should be
                  implemented so long as they are not inconsistent with a State or
                  pandemic/emergency plan.



May 2021                                                                                                                                        23
                                           Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                               Workforce

    Flexibility                                          Description                                            RHC   FQHC   CAH   Hospital   SNF
                  CMS is deferring to staff licensure, certification, or registration to State law by waiving
                  the requirement at 42 CFR 485.608(d) that staff of the CAH be licensed, certified, or
 CAH Staff        registered in accordance with applicable Federal, State, and local laws and
                  regulations. The CAH and its staff must still be in compliance with applicable Federal,
 Licensure                                                                                                      No     No    Yes     No       No
                  State and Local laws and regulations, and all patient care must be furnished in
 Deferral
                  compliance with State and local laws and regulations. These flexibilities should be
                  implemented so long as they are not inconsistent with a State or
                  pandemic/emergency plan.
                  For services requiring direct supervision by the physician or other practitioner, that
 Medicare         physician supervision can be provided virtually using real-time audio/video
 Physician        technology. Also, “direct” physician supervision is no longer required for non-surgical
                  extended duration therapeutic services provided in hospital outpatient departments            Yes   Yes    Yes     Yes      No
 Supervision
                  and CAHs. Instead, a physician can provide a general level of supervision for these
 Requirements     services so that a physician is no longer required to be immediately available in the
                  office suite.
                  CMS waives the Medicare requirement that a physician or non-physician practitioner
                  must be licensed in the State in which s/he is practicing for individuals for whom the
                  following four conditions are met: 1) must be enrolled as such in the Medicare
 Practitioner     program, 2) must possess a valid license to practice in the State which relates to his
                                                                                                                Yes   Yes    Yes     Yes      No
 Locations        or her Medicare enrollment, 3) is furnishing services – whether in person or via
                  telehealth – in a State in which the emergency is occurring in order to contribute to
                  relief efforts in his or her professional capacity, and 4) is not affirmatively excluded
                  from practice in the State or any other State that is part of the 1135 emergency area.

                  CMS is waiving hospital sterile compounding requirements (also outlined in USP797)
                  at 42CFR §482.25(b)(1) and §485.635(a)(3) to allow used face masks to be removed
 Sterile          and retained in the compounding area to be re-donned and reused during the same
                                                                                                                No     No    Yes     Yes      No
 Compounding      work shift in the compounding area only. This will conserve scarce face mask
                  supplies. CMS will not be reviewing the use and storage of facemasks under these
                  requirements.

 Home Nursing     RHCs and FQHCs can provide visiting nursing services to a beneficiary’s home with
                                                                                                                Yes   Yes    No      No       No
 Visits           fewer requirements, making it easier for homebound beneficiaries to receive care.




May 2021                                                                                                                                           24
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                 Workforce

    Flexibility                                           Description                                             RHC   FQHC   CAH   Hospital   SNF

                    42 C.F.R. § 485.631(b)(2). CMS is waiving the requirement for CAHs that a Doctor of
                    Medicine or osteopathy be physically present to provide medical direction,
                    consultation, and supervision for the services provided in the CAH at § 485.631(b)(2).
 Responsibilities   CMS is retaining the regulatory language in the second part of the requirement at §
                    485.631(b)(2) that a physician be available “through direct radio or telephone
 of Physicians in                                                                                                 No     No    Yes     No       No
                    communication, or electronic communication for consultation, assistance with medical
 CAHs
                    emergencies, or patient referral.” Retaining this longstanding CMS policy and related
                    longstanding sub regulatory guidance that further described communication between
                    CAHs and physicians will assure an appropriate level of physician direction and
                    supervision for the services provided by the CAH.

                    42 CFR 491.8(a)(6). CMS is waiving the requirement in the second sentence of §
 Certain Staffing   491.8(a)(6) that a nurse practitioner, physician assistant, or certified nurse-midwife be
 Requirements       available to furnish patient care services at least 50 percent of the time the RHC
                    operates. CMS is not waiving the first sentence of § 491.8(a)(6) that requires a              Yes   Yes    No      No       No
 for RHCs and
                    physician, nurse practitioner, physician assistant, certified nurse midwife, clinical
 FQHCs              social worker, or clinical psychologist to be available to furnish patient care services at
                    all times the clinic or center operates.

                    42 C.F.R. 491.8(b)(1). CMS is modifying the requirement that physicians must provide
                    medical direction for the clinic’s or center’s health care activities and consultation for,
 Physician          and medical supervision of, the health care staff, only with respect to medical
 Supervision of     supervision of nurse practitioners, and only to the extent permitted by state law. The
                                                                                                                  Yes   Yes    No      No       No
 NPs in RHCs        physician, either in person or through telehealth and other remote communications,
 and FQHCs          continues to be responsible for providing medical direction for the clinic or center’s
                    health care activities and consultation for the health care staff, and medical
                    supervision of the remaining health care staff.




May 2021                                                                                                                                             25
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                 Workforce

    Flexibility                                           Description                                           RHC   FQHC   CAH   Hospital   SNF

                    CMS is waiving the requirements at 42 CFR 483.35(d) (with the exception of 42 CFR
                    483.35(d)(1)(i)), which require that a SNF and NF may not employ anyone for longer
                    than four months unless they met the training and certification requirements under §
                    483.35(d). CMS is waiving these requirements to assist in potential staffing shortages
 Training and       seen with the COVID-19 pandemic. To ensure the health and safety of nursing home
                    residents, CMS is not waiving 42 CFR § 483.35(d)(1)(i), which requires facilities to not
 Certification of                                                                                               No     No    No      No       Yes
                    use any individual working as a nurse aide for more than four months, on a full-time
 Nurse Aides
                    basis, unless that individual is competent to provide nursing and nursing related
                    services. We further note that we are not waiving § 483.35(c), which requires facilities
                    to ensure that nurse aides are able to demonstrate competency in skills and
                    techniques necessary to care for residents’ needs, as identified through resident
                    assessments, and described in the plan of care.

                    42 C.F.R. 483.30(e)(4). CMS is waiving the requirement in § 483.30(e)(4) that
                    prevents a physician from delegating a task when the regulations specify that the
                    physician must perform it personally. This waiver gives physicians the ability to
                    delegate any tasks to a physician assistant, nurse practitioner, or clinical nurse
 Physician          specialist who meets the applicable definition in 42 C.F.R. 491.2 or, in the case of a
 Delegation of      clinical nurse specialist, is licensed as such by the State and is acting within the        No     No    No      No       Yes
 Tasks in SNFs      scope of practice laws as defined by State law. We are temporarily modifying this
                    regulation to specify that any task delegated under this waiver must continue to be
                    under the supervision of the physician. This waiver does not include the provision of §
                    483.30(e)(4) that prohibits a physician from delegating a task when the delegation is
                    prohibited under State law or by the facility’s own policy.

                    42 C.F.R. 483.30(c)(3). CMS is waiving the requirement at § 483.30(c)(3) that all
                    required physician visits (not already exempted in § 483.30(c)(4) and (f)) must be
 Physician Visits   made by the physician personally. We are modifying this provision to permit
                    physicians to delegate any required physician visit to a nurse practitioner (NPs),          No     No    No      No       Yes
 in SNFs
                    physician assistant, or clinical nurse specialist who is not an employee of the facility,
                    who is working in collaboration with a physician, and who is licensed by the State and
                    performing within the state’s scope of practice laws.




May 2021                                                                                                                                        26
                                                 Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                     Workforce

       Flexibility                                            Description                                             RHC   FQHC   CAH   Hospital   SNF

 Modification of        CMS is modifying the 60-day limit in section 1842(b)(6)(D)(iii) of the Social Security
 60-Day Limit for       Act to allow a physician or physical therapist to use the same substitute for the entire
 Substitute             time he or she is unavailable to provide services during the COVID-19 emergency
                        plus an additional period of no more than 60 continuous days after the PHE expires.           Yes   Yes    Yes     Yes      No
 Billing
                        On the 61st day after the PHE ends (or earlier if desired), the regular physician or
 Arrangements           physical therapist must use a different substitute or return to work in his or her
 (Locum Tenens)         practice for at least one day in order to reset the 60-day clock.
 National
 Coverage
 Determinations         To the extent NCDs and LCDs require a specific practitioner type or physician
                        specialty to furnish or supervise a service, during this PHE, the Chief Medical Officer
 (NCDs) and                                                                                                           No     No    Yes     Yes      No
                        or equivalent of a hospital or facility will have the authority to make those staffing
 Local Coverage
                        decisions. 12
 Determinations
 (LCDs)
 Requirement to         Under the new 483.80(h) CMS is requiring Long-Term Care (LTC) Facilities to test
 Conduct Testing        Staff and Residents. Specifically, facilities are required to test residents and staff,
                                                                                                                      No     No    No      No       Yes
 for Staff and          including individuals providing services under arrangement and volunteers, for
 Residents              COVID-19 based on parameters set forth by the Secretary.

                        CMS is working to increase the number of providers that will administer a COVID-19
                        vaccine to Medicare beneficiaries when it becomes available, to make it as
                        convenient as possible for America’s seniors. New providers are now able to enroll as
 Providers who          a “Medicare mass immunizers” through an expedited 24-hour process. The ability to
 can Administer         easily enroll as a mass immunizer is important for some pharmacies, schools, and
                        other entities that may be non-traditional providers or otherwise not eligible for            Yes   Yes    Yes     Yes      Yes
 the COVID-19
                        Medicare enrollment. To further increase the number of providers who can administer
 Vaccine                the COVID -19 vaccine, CMS will continue to share approved Medicare provider
                        information with states to assist with Medicaid provider enrollment efforts. CMS is also
                        making it easier for newly enrolled Medicare providers also to enroll in state Medicaid
                        programs to support state administration of vaccines for Medicaid recipients.




12
     More information on this flexibility can be found here: https://www.cms.gov/files/document/covid-final-ifc.pdf


May 2021                                                                                                                                                 27
                                          Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                              Workforce

    Flexibility                                        Description                                         RHC   FQHC   CAH   Hospital   SNF
                  CMS is modifying the requirements at 42 CFR §§ 483.60(h)(1)(i) and 483.160(a)
                  regarding required training of paid feeding assistants. Specifically, CMS is modifying
                  the minimum timeframe requirements in these sections, which require this training to
                  be a minimum of 8 hours. CMS is modifying to allow that the training can be a
 Paid Feeding     minimum of 1 hour in length. CMS is not waiving any other requirements under 42
                                                                                                           No     No    No      No       Yes
 Assistants       CFR §483.60(h) related to paid feeding assistants or the required training content at
                  42 CFR §483.160(a)(1)-(8), which contains infection control training and other
                  elements. Additionally, CMS is also not waiving or modifying the requirements at 42
                  CFR §483.60(h)(2)(i), which requires that a feeding assistant must work under the
                  supervision of a registered nurse (RN) or licensed practical nurse (LPN).




May 2021                                                                                                                                   28
                                          Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                              Payment

Payment
    Flexibility                                          Description                                      RHC   FQHC   CAH   Hospital   SNF
                  In order to provide additional cash flow to healthcare providers and suppliers
                  impacted by COVID-19, CMS expanded and streamlined the Accelerated and
                  Advance Payments Program, which provided conditional partial payments to
                  providers and suppliers to address disruptions in claims submission and/or claims
                  processing subject to applicable safeguards for fraud, waste and abuse. Under this
                  program, CMS made successful payment of over $100 billion to healthcare providers
                  and suppliers. As of April 26, 2020, CMS is reevaluating all pending and new
                  applications for the Accelerated Payment Program and has suspended the Advance
                  Payment Program, in light of direct payments made available through the Department
                  of Health & Human Services’ (HHS) Provider Relief Fund. Distributions made through
 **Accelerated/   the Provider Relief Fund do not need to be repaid. For providers and suppliers who
                  have received accelerated or advance payments related to the COVID-19 PHE, CMS
 Advance
                  will not pursue recovery of these payments until 120 days after the date of payment     Yes   Yes    Yes     Yes      Yes
 Payments
                  issuance. Providers and suppliers with questions regarding the repayment of their
 (revised)        accelerated or advance payment(s) should contact their appropriate Medicare
                  Administrative Contractor (MAC). On October 8, 2020, CMS announced amended
                  terms for payments issued under the Accelerated and Advance Payment (AAP)
                  Program as required by Congress. This Medicare loan program allows CMS to make
                  advance payments to providers and are typically used in emergency situations. Under
                  the Continuing Appropriations Act, 2021 and Other Extensions Act repayment will
                  now begin one year from the issuance date of each provider or supplier’s accelerated
                  or advance payment.

                  Repayment of COVID-19 Accelerated and Advance Payments began on March 30,
                  2021.
                  In an Interim Final Rule with Comment Period (IFC) issued October 28, 2020, CMS
 Price            implemented the CARES Act requirement that providers of a diagnostic test for
 Transparency     COVID-19 to make public the cash price for such tests on their websites. Providers
                  without websites will be required to provide price information in writing within two    Yes   Yes    Yes     Yes      No
 for COVID-19
                  business days upon request and on a sign posted prominently at the location where
 Testing          the provider performs the COVID-19 diagnostic test, if such location is accessible to
                  the public. Noncompliance may result in civil monetary penalties up to $300 per day.




May 2021                                                                                                                                     29
                                            Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                Payment

     Flexibility                                         Description                                        RHC   FQHC   CAH       Hospital   SNF

 Enhanced           In order to mitigate potential financial disincentives for hospitals to provide new
 Medicare           COVID-19 treatments hospital during the COVID-19 PHE, the Medicare program will
 Payments for       provide an enhanced payment for eligible inpatient cases that involve use of certain
                    new products authorized or approved to treat COVID-19. The enhanced payment will
 New COVID-19                                                                                               No     No    Yes         Yes      No
                    be equal to the lesser of: (1) 65 percent of the operating outlier threshold for the
 Treatments:
                    claim; or (2) 65 percent of the cost of a COVID-19 stay beyond the operating
 Hospital           Medicare payment (including the 20 percent add-on payment under section 3710 of
 Inpatient Stays    the CARES Act) for eligible cases.

 Enhanced           CMS wants to mitigate potential financial disincentives for hospitals to provide new
 Medicare           COVID-19 treatments provided in a hospital outpatient setting during the COVID-19
 Payments for       PHE. Therefore, in this IFC, CMS has excluded FDA-authorized or approved drugs
 New COVID-19       and biologicals (including blood products) authorized or approved to treat or prevent
                                                                                                            No     No    Yes         Yes      No
 Treatments:        COVID-19 from being packaged into the Comprehensive Ambulatory Payment
 Hospital           Classification (C-APC) payment when these treatments are billed on the same claim
 Outpatient         as a primary C-APC service. Instead, Medicare will pay for these drugs and
 Departments        biologicals separately throughout the course of the PHE.

                    The CARES Act temporarily lifted the Medicare sequester, which reduces payments
 **Temporary        to providers by 2 percent, from May 1 through December 31, 2020, boosting
 Suspension of      payments for hospital, physician, nursing home, home health, and other care. 13 The
 Medicare           Consolidated Appropriations Act, 2021, signed into law on December 27, 2020,            Yes   Yes    Yes         Yes      Yes
 Sequestration      extended the suspension period to March 31, 2021. An Act to Prevent Across-the-
 (revised)          Board Direct Spending Cuts, and for Other Purposes, signed into law on April 14,
                    2021, extends the suspension period to December 31, 2021.

 Add-on             The CARES Act increased the payment that would otherwise be made to a hospital
 Payment for        for treating a patient admitted with COVID-19 by 20 percent. It would build on the
                    Centers for Disease Control and Prevention (CDC) decision to expedite use of a
 Inpatient                                                                                                  No     No     No         Yes      No
                    COVID-19 diagnosis to enable better surveillance as well as trigger appropriate
 Hospital COVID-
                    payment for these complex patients. This add-on payment would be available through
 19 Patients        the duration of the COVID-19 emergency period.




13
  More information on this flexibility can be found here: https://www.finance.senate.gov/imo/media/doc/CARES%20Act%20Section-by-
Section%20(Finance%20Health).pdf


May 2021                                                                                                                                           30
                                              Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                  Payment

     Flexibility                                          Description                                           RHC   FQHC     CAH     Hospital    SNF
                     On February 13 and March 5, CMS announced new HCPCS codes for healthcare
                     providers and laboratories to test patients for SARS-CoV2. Healthcare providers
                     using the Centers for Disease Control and Prevention (CDC) 2019 Novel Coronavirus
                     Real Time RT-PCR Diagnostic Test Panel may bill for that test using the newly
                     created HCPCS code (U0001). A second new HCPCS code (U0002) 2019-nCoV
 COVID-19            Coronavirus, SARS-CoV-2/2019-nCoV (COVID-19), any technique, multiple types or
                     subtypes (includes all targets), non-CDC can also be used by laboratories and
 Diagnostic                                                                                                     Yes    Yes     Yes       Yes       Yes
                     healthcare facilities. Both codes can be used to bill Medicare as well as by other
 Codes 14
                     health insurers that choose to utilize and accept the code. Effective April 1, 2020, for
                     dates of service on or after February 4, 2020. Additionally, the AMA created CPT
                     code 87635 for infectious agent detection by nucleic acid tests as well as CPT codes
                     86769 and 86328 for serology tests. Laboratories performing these tests may bill
                     Medicare for services that occurred after their respective effective dates. There is no
                     cost-sharing for Medicare patients. 15

                     CMS announced Medicare will nearly double payment for certain lab tests that use
 High-Production     high-throughput technologies to rapidly diagnose large numbers of 2019 Novel
 Coronavirus         Coronavirus (COVID-19) cases. 17 CMS created the new HCPCS codes U0003 and                 Yes    Yes     Yes       Yes       Yes
 Lab Tests 16        U0004 so that laboratories conducting testing that uses high-throughput technology
                     can bill at this rate for dates of service on or after April 14, 2020.

 Antibody            During the PHE, Medicare will cover FDA-authorized COVID-19 serology testing (a
 (Serology)          diagnostic test) for beneficiaries with known current or known prior COVID-19              Yes    Yes     Yes       Yes       Yes
 Tests 18            infection or suspected current or suspected past COVID-19 infection. 19




14
   The “COVID-19 Diagnostic Codes” flexibility applies only to Clinical Laboratory Improvement Amendments of 1988 (CLIA)-certified labs.
15
   More information and test pricing can be found here: https://www.cms.gov/files/document/mac-covid-19-test-pricing.pdf
16
   The “High-Production Coronavirus Lab Tests” flexibility applies only to Clinical Laboratory Improvement Amendments of 1988 (CLIA)-certified labs.
17
   The CMS announcement can be found here: https://www.cms.gov/newsroom/press-releases/cms-increases-medicare-payment-high-production-
coronavirus-lab-tests-0
18
   The “Antibody (Serology Tests)” flexibility applies only to Clinical Laboratory Improvement Amendments of 1988 (CLIA)-certified labs.
19
   More information can be found here: https://www.medicare.gov/coverage/coronavirus-disease-2019-covid-19-antibody-test


May 2021                                                                                                                                               31
                                              Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                  Payment

     Flexibility                                         Description                                             RHC   FQHC   CAH    Hospital       SNF
                     CMS announced that Medicare beneficiaries can receive coverage of monoclonal
                     antibodies to treat COVID-19 with no cost-sharing during the PHE. CMS’s coverage
                     of monoclonal antibody infusions applies to bamlanivimab, which received an
                     emergency use authorization (EUA) from the U.S. Food and Drug Administration. 20

                     Starting March 24, 2021, the U.S. Government, in coordination with Eli Lilly and
                     Company, stopped distributing bamlanivimab alone due to a sustained increase in
                     COVID-19 viral variants in the U.S. that are resistant to bamlanivimab when
                     administered alone. Instead of administering bamlanivimab alone, health care
                     providers should consider using the other authorized monoclonal antibody therapies
                     expected to retain activity against the viral variants: (1) Casirivimab and imdevimab,
                     administered together; (2) Bamlanivimab and etesevimab, administered together.

 **COVID-19          On May 6, 2021, CMS increased the Medicare payment rate for administering
 Antibody            monoclonal antibodies to treat beneficiaries with COVID-19, continuing coverage
                                                                                                                 Yes   Yes    Yes      Yes          Yes
 Treatment           under the Medicare Part B COVID-19 vaccine benefit. Beneficiaries pay nothing out of
 (revised)           pocket, regardless of where the service is furnished – including in a physician’s office,
                     healthcare facility or at home. The national average payment rate will increase from
                     $310 to $450 for most health care settings. In support of providers’ efforts to prevent
                     the spread of COVID-19, CMS will also establish a higher national payment rate of
                     $750 when monoclonal antibodies are administered in the beneficiary’s home,
                     including the beneficiary’s permanent residence or temporary lodging (e.g.,
                     hotel/motel, cruise ship, hostel, or homeless shelter). The new national payment rate
                     for at-home administration of monoclonal antibodies accounts for increased costs
                     associated with the one-on-one nature of this care model. These higher national
                     average payment rates reflect additional information provided to CMS about the costs
                     of providing these services in a safe and timely manner, such as clinical staff and
                     personal protective equipment. This action also means Medicare payments to
                     providers and suppliers will be more aligned to their costs to administer these
                     products.
 COVID-19            Medicare will pay independent laboratories that send trained technicians to a
 Diagnostic          beneficiary’s home, including a nursing home, to collect a sample for COVID-19              No     No    No        No          Yes
 Testing             diagnostic testing. Medicare will pay a collection fee and for the travel.




20
  More information on this flexibility can be found here: https://www.cms.gov/files/document/covid-medicare-monoclonal-antibody-infusion-program-
instruction.pdf


May 2021                                                                                                                                              32
                                            Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                Payment

     Flexibility                                         Description                                         RHC   FQHC   CAH   Hospital     SNF
 Enforcement
 Discretion
 Relating to        CMS will allow Medicare-enrolled immunizers, including but not limited to pharmacies
                    working with the United States, to bill directly and receive direct reimbursement from   No     No    No      No         Yes
 Certain
                    the Medicare program for vaccinating Medicare SNF residents. 21
 Pharmacy
 Billing
                    In response to the COVID-19 PHE, CMS is implementing 12 new procedure codes to
                    describe the introduction or infusion of therapeutics, including remdesivir and
                    convalescent plasma, into the International Classification of Diseases, Tenth
                    Revision, Procedure Coding System (ICD-10-PCS), effective August 01, 2020. These
                    new codes, which go into effect August 1, will enable CMS to conduct real-time
 **Procedure        surveillance and obtain real-world evidence in how these drugs are working and
                    provide critical information on their effectiveness and how they can protect patients.
 Codes for
                    These codes can be reported to Medicare and other insurers may also use the codes        No     No    Yes     Yes        No
 Therapeutics
                    to identify the use of COVID-19 therapies and help facilitate monitoring and data
 (revised)          collection on their use.

                    On November 30, 2020, CMS implemented 21 new procedure codes to describe the
                    introduction or infusion of therapeutics, including monoclonal antibodies and vaccines
                    for COVID-19 treatment, into the International Classification of Diseases, Tenth
                    Revision, Procedure Coding System (ICD-10-PCS), also effective January 01, 2021.
                    In general, Medicare covers reasonable and necessary laboratory tests with zero
                    patient cost sharing. CMS specifically instructed Medicare Administrative Contactors
 Medicare           and notified Medicare Advantage plans to cover COVID-19 laboratory tests in nursing
 Coverage of        homes. Starting on July 6, 2020, and for the duration of the PHE, consistent with
 COVID-19           sections listed below of CDC guidelines titled, “Interim SARS-CoV-2 Testing
 Testing for        Guidelines for Nursing Home Residents and Healthcare Personnel,” Original
                    Medicare and Medicare Advantage plans will cover diagnostic COVID-19 lab tests           No     No    No      No         Yes
 Nursing Home
                    and non-cover tests not considered diagnostic. 22
 Residents           • Viral Testing of Residents for SARS-CoV-2
 (Medicare           • Initial Viral Testing in Response to an Outbreak
 Advantage)          • Recommended testing to determine resolution of infection with SARS-CoV-2
                     • Public health surveillance for SARS-CoV-2 Tests that are considered non-
                        diagnostic are not covered.

21
  More information can be found here: https://www.cms.gov/files/document/snf-enforcement-discretion-letter.pdf
22
  The CMS guidance can be found here: https://www.cms.gov/files/document/hpms-memo-diagnostic-testing-nursing-home-residents-and-patients-
coronavirus-disease-2019.pdf


May 2021                                                                                                                                          33
                                          Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                              Payment

    Flexibility                                          Description                                      RHC   FQHC   CAH   Hospital   SNF
                  On October 28, 2020, CMS released an IFC establishing that any vaccine that
                  receives Food and Drug Administration (FDA) authorization, through an Emergency
                  Use Authorization (EUA) or licensed under a Biologics License Application (BLA), will
                  be covered under Medicare as a preventive vaccine at no cost to beneficiaries. The
                  IFC also implements provisions of the CARES Act that ensure swift coverage of a
                  COVID-19 vaccine by most private health insurance plans without cost sharing from
                  both in and out-of-network providers during the course of the PHE. The Medicare
                  payment rates for COVID-19 vaccine administration will be $28.39 to administer
                  single-dose vaccines. For a COVID-19 vaccine requiring a series of 2 or more doses,
                  the initial dose(s) administration payment rate will be $16.94, and $28.39 for the
                  administration of the final dose in the series. These rates will be geographically
 **COVID-19       adjusted and recognize the costs involved in administering the vaccine, including the
 Vaccine          additional resources involved with required public health reporting, conducting
                  important outreach and patient education, and spending additional time with patients
 Medicare                                                                                                 Yes   Yes    Yes     Yes      Yes
                  answering any questions they may have about the vaccine. Medicare beneficiaries,
 Payment
                  those in Original Medicare or enrolled in Medicare Advantage, will be able to get the
 (revised)        vaccine at no cost. For calendar years 2020 and 2021, Medicare will pay directly for
                  the COVID-19 vaccine and its administration for beneficiaries enrolled in Medicare
                  Advantage (MA) plans. Providers should submit COVID-19 claims to Original
                  Medicare for all patients enrolled in MA in 2020 and 2021. MA plans will not be
                  responsible for reimbursing providers to administer the vaccine during this time. MA
                  beneficiaries also pay nothing for COVID-19 vaccines and their
                  copayment/coinsurance and deductible are waived.

                  CMS increased the Medicare payment amount for administering the COVID-19
                  vaccine. Effective for COVID-19 vaccines administered on or after March 15, 2021,
                  the national average payment rate for physicians, hospitals, pharmacies and many
                  other immunizers will be $40 to administer each dose of a COVID-19 vaccine.




May 2021                                                                                                                                  34
                                           Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                               Payment

    Flexibility                                          Description                                          RHC   FQHC   CAH   Hospital   SNF
                  Starting April 16, in addition to screening your patients, you can check Medicare
                  eligibility for COVID-19 vaccine administration history from Fee-for-Service (FFS)
                  claims paid for calendar years 2020 and 2021. This includes Medicare Advantage
                  patients. You can get the following eligibility information for each paid vaccine
 **COVID-19       administration claim:
 Vaccine: Check    • CPT or HCPCS codes
 Medicare          • Date of service                                                                          Yes   Yes    Yes     Yes      No
 Eligibility       • National provider identifier for who administered the vaccine
 (added)
                  We can only provide this information if the provider billed Medicare for administering
                  the vaccine. If your patients got vaccinated and the provider didn’t submit a Medicare
                  claim (like if they got vaccinated at a free event), ask your patients about their COVID-
                  19 vaccination history.




May 2021                                                                                                                                         35
                                              Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                                Data Reporting

Data Reporting
     Flexibility                                           Description                                            RHC   FQHC     CAH      Hospital    SNF
 Requirement for     Hospitals and CAHs are to report information in accordance with a frequency and in a
 Hospitals and       standardized format as specified by the Secretary during the PHE for COVID-19. 23
                     Failure to report the specified data needed to support broader surveillance of COVID-        No      No      Yes       Yes       No
 CAHs to Report
                     19 may lead to the imposition of the remedy to terminate a provider’s participation
 COVID-19 Data       from the Medicare and Medicaid programs.
                     Under §483.80(g), long-term care facilities are required to report COVID-19 cases in
                     their facility to the CDC National Health Safety Network (NHSN) on a weekly basis.
                     CDC and CMS will use information collected through the new NHSN Long-term Care
                     COVID-19 Module to strengthen COVID-19 surveillance locally and nationally;
                     monitor trends in infection rates; and help local, state, and federal health authorities
                     get help to nursing homes faster. Nursing home reporting to the CDC is a critical
                     component of the national COVID-19 surveillance system and to efforts to reopen
 Required            America. The information will also be posted online for the public to be aware of how
                     the COVID-19 pandemic is affecting nursing homes. In the August 21, 2020 Interim
 Facility                                                                                                         No      No      No         No       Yes
                     Final Rule with Comment Period, CMS is codifying enforcement actions for facilities
 Reporting
                     noncompliance with this requirement. Failure to report will result in the imposition of a
                     civil money penalty for each occurrence of non-reporting as follows: A civil money
                     penalty of $1,000 for the first occurrence, followed by $500 added to the previously
                     imposed civil money penalty for each subsequent occurrence, not to exceed the
                     maximum amount set forth in § 488.408(d)(1)(iii). Facilities are also required to notify
                     residents, their representatives, and families of residents in facilities of the status of
                     COVID-19 in the facility, which includes any new cases of COVID-19 as they are
                     identified.




23
  More information can be found here: https://www.hhs.gov/sites/default/files/covid-19-faqs-hospitals-hospital-laboratory-acute-care-facility-data-
reporting.pdf


May 2021                                                                                                                                                   36
                                         Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                           Data Reporting

    Flexibility                                       Description                                        RHC   FQHC   CAH   Hospital   SNF
                  On May 11, 2021, CMS published an interim final rule with comment period (IFC).
                  This rule establishes Long-Term Care (LTC) Facility Vaccine Immunization
 **COVID-19       Requirements for Residents and Staff. This includes new requirements for educating
 Vaccine          residents or resident representatives and staff regarding the benefits and potential
 Immunization     side effects associated with the COVID-19 vaccine, and offering the vaccine.
 Requirements     Furthermore, LTC facilities must report COVID-19 vaccine and therapeutics treatment    No     No    No      No       Yes
 for Residents    information to the Centers for Disease Control and Prevention’s (CDC) National
 and Staff        Healthcare Safety Network (NHSN). CMS will post the new information reported to
 (added)          the NHSN for viewing by facilities, stakeholders, or the general public on CMS’s
                  COVID-19 Nursing Home Data website. CMS has also updated tools used by
                  surveyors to assess compliance with these new requirements.




May 2021                                                                                                                                 37
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                             Additional Guidance

Additional Guidance
    Resource                                              Description                                         RHC   FQHC   CAH   Hospital   SNF
 COVID-19 FAQs       CMS released a Frequently Asked Questions (FAQs) document to supplement
 on Medicare         previously released FAQs: 1135 Waiver FAQs and Without 1135 Waiver FAQs. The
                                                                                                              Yes   Yes    Yes     Yes      Yes
 Fee-for-Service     supplemental document can be found here:
 (FFS) Billing       https://www.cms.gov/files/document/03092020-covid-19-faqs-508.pdf

 COVID-19            CMS released a Frequently Asked Questions (FAQs) document regarding provider
 Provider Burden     burden relief, which can be found here: https://www.cms.gov/files/document/provider-     Yes   Yes    Yes     Yes      No
 Relief FAQs         burden-relief-faqs.pdf

 Standards of        CMS released a document providing guidance on infection control and prevention
 Practice and        related to COVID-19. The guidance was targeted towards hospitals, psychiatric
                                                                                                              No     No    Yes     Yes      No
 Flexibilities for   hospitals, CAHs, nursing homes, and outpatient providers, among others, and can be
 Hospitals           found here: https://www.cms.gov/files/document/qso-20-13-hospitals-cahs-revised.pdf
 Standards of
 Practice and        CMS released a document providing guidance on infection control and prevention
                     related to COVID-19 in outpatient settings. The document includes FAQs and other
 Flexibilities for                                                                                            Yes   Yes    No      No       No
                     considerations, and can be found here: https://www.cms.gov/files/document/qso-20-
 Outpatient
                     22-asc-corf-cmhc-opt-rhc-fqhcs.pdf
 Settings
 Standards of
 Practice for
 Infection           CMS released additional guidance for nursing homes to help them improve their
                     infection control and prevention practices to prevent transmission of COVID-19. The
 Control and                                                                                                  No     No    No      No       Yes
                     guidance can be found here: https://www.cms.gov/files/document/3-13-2020-nursing-
 Prevention of
                     home-guidance-covid-19.pdf
 COVID-19 in
 Nursing Homes

 Hospital            CMS released guidance on the Emergency Medical Treatment and Labor Act
                     (EMTALA) requirements for hospitals and CAHs, including screening obligations and
 Flexibilities                                                                                                No     No    Yes     Yes      No
                     stabilization, transfer, and recipient hospital obligations. The guidance can be found
 under EMTALA
                     here: https://www.cms.gov/files/document/qso-20-15-hospital-cah-emtala-revised.pdf




May 2021                                                                                                                                         38
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                             Additional Guidance

    Resource                                             Description                                              RHC   FQHC   CAH   Hospital   SNF
                    CMS issued a set of Frequently Asked Questions (FAQs) clarifying requirements and
                    considerations for hospitals and other providers related to EMTALA during the
 FAQs for           COVID-19 pandemic. The FAQs address questions around patient presentation to the
 Hospitals and      Emergency Department, EMTALA applicability across facility types, qualified medical
                                                                                                                  No     No    Yes     Yes      No
 CAHs regarding     professionals, medical screening exams, patient transfer and stabilization, and
 EMTALA             telehealth, among others. The document can be found here:
                    https://www.cms.gov/files/document/frequently-asked-questions-and-answers-emtala-
                    part-ii.pdf
 Requirements       CMS announced new regulatory requirements that will require nursing homes to
 for Notification   inform residents, their families, and representatives of COVID-19 cases in their
 of Confirmed       facilities. In addition, CMS will now require nursing homes to report cases of COVID-
 COVID-19           19 directly to the Centers for Disease Control and Prevention (CDC). This information
                                                                                                                  No     No    No      No       Yes
 Among              must be reported in accordance with existing privacy regulations and statute. Finally,
 Resident and       CMS will also require nursing homes to fully cooperate with CDC surveillance efforts
 Staff in Nursing   around COVID-19 spread. More information can be found here:
 Homes              https://www.cms.gov/files/document/qso-20-29-nh.pdf
                    Millions of COVID-19 vaccinations have been administered to nursing home residents
 **Nursing Home     and staff, and these vaccines have been shown to help prevent symptomatic SARS-
 Visitation         CoV-2 infection (i.e., COVID-19). Therefore, CMS, in conjunction with the Centers for
                    Disease Control and Prevention (CDC), is updating its visitation guidance accordingly,        No     No    No      No       Yes
 Guidance
                    but emphasizing the importance of maintaining infection prevention practices, given
 (revised)          the continued risk of COVID-19 transmission. The guidance can be found here:
                    https://www.cms.gov/files/document/qso-20-39-nh-revised.pdf
 Medicare
 Payments for       CMS released a presentation that summarizes Medicare payments for COVID-19 viral
 COVID-19 Viral     testing in skilled nursing facilities and nursing facilities. The presentation can be found
                                                                                                                  No     No    No      No       Yes
 Testing in         here: https://www.cms.gov/files/document/covid-medicare-payment-covid-19-viral-
 SNFs/Nursing       testing-flow-chart.pdf
 Facilities




May 2021                                                                                                                                             39
                                           Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                           Additional Guidance

     Resource                                           Description                                           RHC   FQHC   CAH   Hospital   SNF
 COVID-19
 Survey            CMS is initiating a performance-based funding requirement tied to the CARES Act
 Activities,       supplemental grants for State Survey Agencies. Further, CMS is providing guidance
 CARES Act         for the limited resumption of routine survey activities. CMS is also enhancing the
 Funding,          penalties for noncompliance with infection control to provide greater accountability
 Enhanced          and consequence for failures to meet these basic requirements. The enhanced
 Enforcement for   enforcement actions are more significant for nursing homes with a history of past
                   infection control deficiencies, or that cause actual harm to residents or Immediate        No     No    No      No       Yes
 Infection
                   Jeopardy. Quality Improvement Organizations have been strategically refocused to
 Control           assist nursing homes in combating COVID-19 through such efforts as education and
 deficiencies,     training, creating action plans based on infection control problem areas and
 and Quality       recommending steps to establish a strong infection control and surveillance program.
 Improvement       More information can be found here: https://www.cms.gov/files/document/qso-20-31-
 Activities in     all.pdf
 Nursing Homes
 SNF Quality       CMS released a tip sheet designed to assist SNF providers in understanding the
 Reporting         status of the SNF Quality Reporting Program during the COVID-19 PHE. The
                   document also provides is practical guidance to address quality data submission
 Program COVID-                                                                                               No     No    No      No       Yes
                   requirements starting July 1, 2020 now that the temporary QRP exemptions from the
 19 PHE Tip
                   COVID-19 PHE have ended. The tip sheet can be found here:
 Sheet             https://www.cms.gov/files/document/snfqrp-covid19phetipsheet-july2020.pdf
 FAQs on
 COVID-19          CMS released a Frequently Asked Questions (FAQs) document regarding COVID-19
                   testing at SNFs and nursing homes. The document can be found here:                         No     No    No      No       Yes
 Testing at
                   https://www.cms.gov/files/document/covid-faqs-snf-testing.pdf
 SNFs/NFs
                   CMS is encouraging clinicians who participate in the Quality Payment Program
                   (QPP), such as physicians, physician assistants, nurse practitioners, and others, to
                   contribute to scientific research and evidence to fight the COVID-19 pandemic.
 Reporting of      Clinicians may now earn credit in the Merit-based Incentive Payment System (MIPS),
 COVID-19          a performance-based track of QPP that incentivizes quality and value, for participation
 Clinical Trial    in a clinical trial and reporting clinical information by attesting to the new COVID-19
 Data through      Clinical Trials improvement activity. This action will provide vital data to help drive    Yes   Yes    Yes     Yes      No
 the Quality       improvement in patient care and develop innovative best practices to manage the
 Payment           spread of COVID-19 within communities. CMS has updated the Quality Reporting
 Program           Document Architecture (QRDA) Category III Implementation Guide to include
                   information for eligible clinicians on this new activity, which can be found here:
                   https://ecqi.healthit.gov/sites/default/files/2021-CMS-QRDA-III-Eligible-Clinicians-and-
                   EP-IG-508.pdf



May 2021                                                                                                                                         40
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                             Additional Guidance

    Resource                                              Description                                         RHC   FQHC   CAH   Hospital   SNF
                    CMS published a memorandum, outlining changes to the Nursing Home 5 Star
 Nursing Home       Quality Rating System and Nursing Home Staff Counts. For CMS's Nursing Home
 5 Star Quality     Compare website and Nursing Home Five Start Quality Rating System, CMS is
 Rating System      holding the inspection domain constant temporarily due to the prioritization and
                    suspension of certain surveys to ensure the rating system reflects fair information for   No     No    No      No       Yes
 updates and
                    consumers. CMS is also publishing a list of the average number of nursing and total
 Nursing Home       staff that work onsite in each nursing home, each day, which will help direct adequate
 Staff Counts       PPE and testing to nursing homes. The document can be found here:
                    https://www.cms.gov/files/document/qso-20-34-nh.pdf
 **Nursing Home
 Series for Front   CMS is released the first episode in a series of short podcasts for frontline nursing
                    home staff “CMS Beyond the Policy”. The edition is titled “Nursing Home Series for
 Line Clinicians                                                                                              No     No    No      No       Yes
                    Front Line Clinicians and Staff.” The episode can be found here:
 and Staff
                    https://www.cms.gov/podcast/nursing-home-series-front-line-clinicians-and-staff
 (added)
 **Coverage of
 Monoclonal         CMS released the Coverage of Monoclonal Antibody Products to Treat COVID-19
 Antibody           infographic. The infographic can be found here:
                                                                                                              No     No    Yes     Yes      Yes
 Products to        https://www.cms.gov/files/document/covid-infographic-coverage-monoclonal-
 Treat COVID-19     antibody-products-treat-covid-19.pdf
 (added)

 COVID-19           COVID-19 vaccine toolkits for providers, private health plans and state Medicaid
                                                                                                              Yes   Yes    Yes     Yes      Yes
 Vaccine Toolkits   programs can be found here: www.cms.gov/covidvax

 New COVID 19
 Testing and        CMS released a document describing new testing and reporting requirements for
                    nursing homes, hospitals, and CLIA-certified labs. The toolkit can be found here:         Yes   Yes    Yes     Yes      Yes
 Reporting
                    https://www.cms.gov/files/document/covid-ppt-nh-all-call.pdf
 Requirements




May 2021                                                                                                                                      41
                                             Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                             Additional Guidance

    Resource                                                Description                                        RHC   FQHC   CAH   Hospital   SNF
                     CMS regulations for Emergency Preparedness require specific testing exercises be
                     conducted to validate the facility’s emergency program. During or after an actual
 Emergency           emergency, the regulations allow for an exemption to the testing requirements based
 Preparedness        on real world actions taken by providers and suppliers. CMS developed a worksheet
 Testing             that presents guidance for surveyors, as well as providers and suppliers, with relevant
                     scenarios on meeting the testing requirements in light of many of the response            No     No    Yes     Yes      No
 Exercise
                     activities associated with the COVID-19 PHE. The worksheet and additional guidance
 Requirements        can be found here: https://www.cms.gov/medicareprovider-enrollment-and-
 Guidance            certificationsurveycertificationgeninfopolicy-and-memos-states-and/guidance-related-
                     emergency-preparedness-testing-exercise-requirements-coronavirus-disease-2019-
                     covid
 COVID-19
 Guidance and        CMS compiled nursing home guidance in the form of: memos; non-memos; waivers
 Updates for         and flexibilities; and data releases. The guidance can be found here:
                                                                                                               No     No    No      No       Yes
 Nursing Homes       https://www.cms.gov/files/document/covid-guidance-and-updates-nursing-homes-
 during COVID-       during-covid-19.pdf
 19
                     CMS released tools to reduce burdensome paperwork and authorization delays for
 Tools to            laboratories seeking CLIA certification to test for COVID-19. CMS’s quick-start guide
 Streamline          helps laboratories with the application process for CLIA certification and includes
                     information on the expedited review process implemented at the beginning of the
 Certification for                                                                                             Yes   Yes    Yes     Yes      No
                     PHE that allows labs to start COVID-19 testing before the official paper certificate
 Labs Testing for
                     arrives by postal mail. More information can be found here:
 COVID-19            https://www.cms.gov/files/document/laboratory-quick-start-guide-cms-clia-
                     certification.pdf
 **New Platform      CMS announced a new web-based tool to assist Medicare/Medicaid-participating
 for Submissions     providers and suppliers in submission of 1135 Waiver requests and inquiries. With
                     very limited exception, the new web system should be used for all 1135 waiver
 of 1135 Waiver                                                                                                Yes   Yes    Yes     Yes      Yes
                     requests and/or PHE-related inquiries submitted on or after January 11, 2021. The
 Requests and
                     platform can be found here:
 Inquiries (added)   https://cmsqualitysupport.servicenowservices.com/cms_1135




May 2021                                                                                                                                          42
                                           Rural Crosswalk: CMS Flexibilities to Fight COVID-19
                                                           Additional Guidance

    Resource                                               Description                                     RHC   FQHC   CAH   Hospital   SNF
                   CMS released a toolkit developed to aid nursing homes, Governors, states,
                   departments of health, and other agencies who provide oversight and assistance to
 Nursing Homes     these facilities, with additional resources to aid in the fight against the COVID-19
 Best Practices    pandemic within nursing homes. The toolkit is comprised of best practices from a
                   variety of frontline health care providers, Governors' COVID-19 task forces,
 Toolkit to                                                                                                No     No    No      No       Yes
                   associations and other organizations, and experts, and is intended to serve as a
 Combat
                   catalogue of resources dedicated to addressing the specific challenges facing nursing
 COVID-19          homes as they combat COVID-19. The toolkit can be found here:
                   https://www.cms.gov/files/document/covid-toolkit-states-mitigate-covid-19-nursing-
                   homes.pdf
                   CMS hosts recurring stakeholder engagement sessions to share information related
 CMS COVID-19      to the agency's response to COVID-19. These sessions are open to members of the
 Stakeholder       healthcare community and are intended to provide updates, share best practices
                   among peers, and offer attendees an opportunity to ask questions of CMS and other       Yes   Yes    Yes     Yes      Yes
 Engagement
                   subject matter experts. Recordings of these sessions are publicly available for those
 Calls             unable to attend, and can be found here: https://www.cms.gov/Outreach-and-
                   Education/Outreach/OpenDoorForums/PodcastAndTranscripts
 CMS Office of
 Minority Health   CMS OMH has compiled Federal resources on the 2019 Novel Coronavirus (COVID-
 (CMS OMH):        19) to assist its partners who work with those most vulnerable--such as older adults,
                   those with underlying medical conditions, racial and ethnic minorities, rural
 COVID-19                                                                                                  Yes   Yes    Yes     Yes      Yes
                   communities, and people with disabilities. Those resources can be found here:
 Resources on
                   https://www.cms.gov/About-CMS/Agency-Information/OMH/resource-center/COVID-
 Vulnerable        19-Resources
 Populations
 Interim Final     CMS regularly updates a webpage that includes Interim Final Rules, waivers, and
                   provider-specific fact sheets related to COVID-19, which can be found here:
 Rules and                                                                                                 Yes   Yes    Yes     Yes      Yes
                   https://www.cms.gov/about-cms/emergency-preparedness-response-
 Waivers
                   operations/current-emergencies/coronavirus-waivers




May 2021                                                                                                                                   43
Rural Crosswalk: CMS Flexibilities to Fight COVID-19




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