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HHS Announces $25.5 Billion in Provider Funding for Covid-19 Relief

HHS Announces $25.5 Billion in Provider Funding for Covid-19 Relief

More help is on the way for health care providers affected by the Covid-19 pandemic. The U.S. Department of Health and Human Services, through the Health Resources and Services Administration (HRSA), is providing $25.5 billion in new funding. This includes $8.5 billion for the American Rescue Plan (ARP) and $17 billion for Phase 4 of the Provider Relief Fund (PRF). 

ARP Rural is intended to help address the disproportionate impact that COVID-19 has had on rural communities and rural health care providers. The ARP Rural payments will be based on the amount of Medicaid, CHIP, and Medicare services provided to patients living in rural areas. The payments will generally be based on Medicare rates. Providers who serve any patients living in  HHS Federal Office of Rural Health Policy defined rural areas with Medicaid, CHIP, or Medicare coverage, and who otherwise meet the eligibility criteria, will receive a minimum payment.

The Provider Relief Fund provides payments for healthcare-related expenses or lost revenue due to coronavirus. These distributions generally do not need to be repaid. The PRF Phase 4 payments will be based on the provider’s lost revenue and expenditures between July 1, 2020 and March 31, 2021. Smaller providers will be reimbursed at a higher rate than larger providers. PRF Phase 4 payments will include bonus payments for serving Medicaid, CHIP and Medicare patients. These bonus payments will be reimbursed at Medicare rates. 

Providers may apply for both programs with one application. The application portal opens September 29, 2021. To prepare, providers should start gathering supporting documentation, such as most recent tax documents and financial statements for the second half of calendar year 2020 and the first quarter of calendar year 2021. Providers should also search the Rural Health Grants Eligibility Analyzer to see what areas qualify as rural for the ARP rural payments.

For more information about how to apply for the PRF Phase 4 and ARP Rural payments, visit: https://www.hrsa.gov/provider-relief/future-payments.

Providers who believe their Phase 3 PRF payment was not calculated correctly may now request a reconsideration. HHS has released detailed information about the methodology utilized to calculate Phase 3 payments. Additional detail on this reconsideration process will be forthcoming from HHS. 

HHS has also announced a final 60-day grace period to comply with PRF reporting requirements for the September 30, 2021 deadline. The deadline to use the funds and the reporting time period will not change. Additional information may be found regarding the  PRF Reporting requirements.

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Discussions with Decisionmakers: Rep. Anthony Daniels

Discussions with Decisionmakers

Representative Daniels was elected to the Alabama House of Representatives in 2014. He represents Alabama’s 53rd District covering Madison County. In 2017, he became the youngest person and the first minority to ever become the House Minority Leader in Alabama. He is a graduate of Alabama A&M and is an elementary school teacher by trade. He also owns several small businesses with his wife.

What first prompted you to consider running office?

When I was 23, I became very involved with members of congress and the Bush administration. I think that’s where it started.

How does your background help serve you on the Legislature?

As a small business owner, and as teacher, I am constantly looking for ways to advocate. I am a leader before I am a teacher.

What are some of your legislative priorities this term?

Expanding access to quality healthcare which will in turn help our state, and help us provide quality care to those who are living check to check and can’t afford it. It would also help small businesses.

What are some health-related issues important to your district and your constituents?

I think that they want access to quality healthcare providers. We take for granted access to OBGYN’s or specialists and things like that, while many communities don’t have access to those types of physicians.

What do you think people understand the least about our health care system?

I think they don’t really understand the number of people that need access to healthcare and the number of communities that don’t have access to quality healthcare. The different communities have big differences in quality of healthcare and that is a problem.

If you could change anything about our state’s health care system, what would it be?

We need to look at how we reform our system. It needs to help people first. We need more flexible hours for things such as emergency care or telemedicine. Giving people the opportunity to have flexibility when they go to the doctor is very important to me.

Do you have a position on the expansion of Medicaid?

I am 100% in favor of it. I think it is a fundamental right. We’ve seen, during Covid, the exposure of underlying health conditions, many are because of lifestyle. These people aren’t just sitting at home doing nothing. They just need a helping hand, plain and simple.

How can the Medical Association – and physicians statewide – help you address Alabama’s health challenges?

I think that MASA can start building broader coalitions. People trust their doctors. I also think we need to educate people on what the expansion of Medicaid entails and not what it isn’t.

What is the one thing you would like to say to physicians in your district?

Continue to work hard and provide the quality care you always provide. Because of the hospital closures, it may feel overburdening, but expanding access to healthcare can help fix many issues.

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Rep. Kirk Hatcher Wins the Special General Election for Senate District 26

Democratic Candidate, State Rep. Kirk Hatcher, won the special general election against Republican candidate, William Greene, for Senate District 26 seat on Tuesday, March 2, 2021. The seat was previously held by David Burkette (D).

According to the Alabama Political Reporter, Hatcher received 4,565 votes of the 5,827 votes, 78.3%. He vacated his House District 78 seat when he was sworn in to the Senate on March 3, 2021. Governor Ivey will issue a proclamation for a special election on House District 78 to fill the vacancy.

Click here to read more about the election from the Alabama Political Reporter.

As the political action committee for the Medical Association, ALAPAC supports candidates who best represent the interests of physicians and their patients. This is why ALAPAC supported Kirk Hatcher (D) for Senate District seat 26.

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Ben Robbins Wins the Special General Election for House District Seat 33

Republican candidate, Ben Robbins, won the special general election against Democrat candidate, Fred Crum, for house district seat 33 yesterday, Tuesday, January 19, 2021. The house district seat was previously held by Rep. Ron Johnson (R) who passed away on July 14, 2020.

According to the Alabama Daily News, Robbins received 2,232 of the 3,269 votes, 68%, Tuesday. He is an attorney in Sylacauga.

Click here to read the full article about the election from Alabama Daily News.

As the political action committee for the Medical Association, ALAPAC supports candidates who best represent the interests of physicians and their patients. This is why ALAPAC supported Ben Robbins (R) for the house district seat 33.

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Major Changes Coming to 2021 E/M Coding

Major Changes Coming to 2021 E/M Coding

Considerable changes are being made to Medicare outpatient evaluation and management (E/M) codes. The transition will take effect on January 1, 2021 and will likely affect physicians across all specialties.

The changes are currently restricted to new and established outpatient visits (CPT codes 99202-99205, 99211-99215) and will impact everyone who assigns codes, manages patient information, or pays claims including physicians, health information managers, coders, payers, health systems, and hospitals. 

Why was modification needed?

Because of advocacy by the Medical Association and other organizations, the Centers for Medicare and Medicaid Services (CMS) adopted a revised E/M documentation methodology proposed by the American Medical Association (AMA). 

The goal of the suggested adjustments is to reduce physician burden by simplifying documentation requirements and administrative responsibilities. By reducing managerial concerns, physicians will have the ability to spend more in-depth, quality time with their patients. 

What are the changes?

There will be various changes to office and outpatient E/M visits. However, the most notable is the removal of the Level 1 new patient visit (99201), a new 15-minute extended services code that can be used with codes 99205 and 99215, and the following modifications of office code selection:

  • History and physical exams are no longer elements for code selection
  • Physicians can choose to use total time or medical decision making as the basis of their E/M documentation
  • Medical decision-making criteria has been revised and clarified
    • Removed ambiguous terms and concepts
    • Defined vague terms
    • Re-established data elements to move away from adding up tasks and instead focusing on how those tasks affect the patient’s care

What can you do to prepare?

  • Visit our website to find more resources on the 2021 E/M coding and guideline changes
  • Watch our NEW Online E/M Coding Changes for 2021 webinars hosted by Dr. Thomas Weida and Kim Huey and earn CME
  • Contact your medical billing company and/or coders to develop a plan for training office staff to ensure a smooth transition at the first of the year
  • Connect with your Electronic Health Records (EHR) provider to confirm that your practice’s system will be ready to implement the new coding changes
  • Reach out to your payers to negotiate implementing the new E/M rates

With changes this substantial, we encourage you to prepare early. Watch for more information in the coming weeks on our website and email alerts. If you have further questions, please email us at staff@alamedical.org.

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Discussions with Decisionmakers: Finance Director Kelly Butler

Discussions with Decisionmakers: Finance Director Kelly Butler

About Kelly Butler:

Kelly Butler was appointed as the Director of the Alabama Department of Finance by Governor Kay Ivey on December 1, 2018, after serving as acting State Finance Director since August 15, 2018. As the State’s chief financial officer, Butler serves as an advisor to the governor and the Legislature in all financial matters and is charged with protecting the financial interests of the State of Alabama. He is responsible for the administration and oversight of the Department of Finance and serves on various advisory boards and authorities.

Butler has worked for the state of Alabama for over 30 years and previously served as Assistant State Finance Director for Fiscal Operations since December 2016. Mr. Butler was also the State Budget Officer since June 2014. Prior to his employment with the Finance Department, he worked for 19 years with the Legislative Fiscal Office, most recently serving as the Senate Fiscal Officer. Earlier in his career, Mr. Butler worked as a revenue examiner with the Alabama Department of Revenue, where his duties included serving as a corporate income tax and financial institution excise tax auditor and serving as an assistant to the Chief of the Income Tax Division.

Mr. Butler is a graduate of Auburn University Montgomery (BSBA) and Troy University (MBA).

COVID-19 Grant Program

As the Alabama Director of Finance, Mr. Butler is in charge of overseeing the disbursement of all COVID-19 funds received via the CARES Act, including the new Health Care and Emergency Response Providers Grant Program. We recently hosted a Zoom call with Mr. Butler to discuss this program and answer any questions Alabama physicians might have.

Simply click the video below to begin watching where the Q&A with Mr. Butler begins.

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Medical Association Recognizes Racism as a Threat to Public Health

Medical Association Recognizes Racism as a Threat to Public Health

At the most recent Board of Censors meeting, the Medical Association of the State of Alabama pledged to recognize and confront racism and racial inequalities within our society and the healthcare system. The Medical Association further recognizes the need to end systemic racism in our country and to work towards a better, fairer, and more just society. 

The Medical Association released the following statement following their meeting last week:

  • The Medical Association opposes all forms of racism
  • The Medical Association considers racism a public health crisis and a threat to public health
  • The Medical Association understands the elimination of health disparities will not be achieved without first acknowledging the contributions of all races to health and social inequalities
  • The Medical Association understands that we have a responsibility to actively work to eliminate discriminatory policies and practices across all of healthcare
  • The Medical Association supports ending racial discrimination in medical care and the equitable access to quality health care services
  • The Medical Association encourages current and future physicians to be advocates for justice

We recognize that worsening inequities, unequal access to care, and the racial disparities of practicing physicians all have roots in systemic racism and must be confronted. The Medical Association of the State of Alabama understands that there is still tremendous work to be done to ensure that everyone has the opportunity, resources, and conditions to achieve optimal health. The Medical Association is committed to being a part of that solution.

Sincerely,

President John S. Meigs, MD and Board of Censors

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Summary of Liability Protection from Starnes, Davis Florie, LLP

Summary of Liability Protection from Starnes, Davis Florie, LLP

Starnes, Davis, Florie, LLP has drafted a summary with some guidance on documentation for physicians concerning some protection in response to potential liability issues facing physicians during the COVID-19 declared emergency.  Governor Ivey’s March 13, 2020 Proclamation declared a state public health emergency.  The Proclamation grants certain immunity from lawsuits if a provider in a covered “health care facility” is practicing pursuant to an “alternative standard of care” plan.  The “alternative standard of care” must be set forth in the “health care facility’s” emergency operation plan, and the specific language or “standards of care” may differ from facility to facility.  Starnes suggests documenting the circumstances surrounding each patient and the reasons for clinical decisions.  [LINK to previous article].  Personnel and a facility are entitled to limited immunity when practicing consistent with those methods outlined in the alternative standard of care.  Physicians should look to the hospital for the specific protective language.

The PREP Act provides limited immunity for the administration or use of covered countermeasures to treat, diagnose, cure, prevent, or mitigate COVID-19.  The PREP Act covers providers for the administration or use of any antiviral, any other drug, any biologic, any diagnostic, any other device, or any vaccine used in the treatment of a COVID-19 patient.  

See Summary Here.

This information is not intended to provide legal advice, and no legal or business decision should be based on its content. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.  Read full disclaimer.

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Medical Cannabis Passes Senate Committee

Medical Cannabis Passes Senate Committee

Last Wednesday, the Alabama Senate Judiciary Committee advanced a bill allowing cannabis to be recommended for up to 15 conditions for medicinal purposes.

SB165, informally named the Compassion Act and sponsored by Sen. Tim Melson, M.D., would allow physicians to recommend medical cannabis for conditions such as cancer, anxiety and chronic pain. It would also let patients with state-issued cannabis cards to purchase cannabis products at licensed dispensaries. Cannabis products dispensed to patients would be under strict state regulation from seed to sale, including testing products for consistency and to ensure no contamination.

Under Melson’s bill, medical cannabis would available to anyone 19 years or older whom a physician certifies as having a qualifying medical condition. Patients 18 or younger would need a parent or guardian to administer cannabis. The patient would have to apply for a medical cannabis card, which would cost no more than $65.

Cannabis will only be available in encapsulated form or a topical agent. The bill would also establish a fund using tax proceedings for increased research on cannabis.

Having passed the Judiciary Committee 8-1, the legislation will now receive a vote before the entire Senate. Should it pass the Senate, it still must go to through a committee and floor vote in the House.

After surveying its members, the Medical Association found Alabama physicians believe if cannabis for medicinal use is legalized, then the growth, cultivation and sale of cannabis should be highly regulated by the state, and any physician involvement should be regulated not by some new state agency, but by the Board of Medical Examiners. Likewise, the survey found physicians believe any administration or use of legalized medical cannabis should be limited to encapsulated form and topical agents.

While there was no overwhelming consensus found regarding physicians’ support or opposition to the legalization of medicinal cannabis, the Medical Association has worked tirelessly with the bill sponsor to bring the legislation in line with the areas of broad agreement in our member survey. We appreciate the willingness of Sen. Melson in working with us and will continue monitoring the bill as it moves forward.

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Senate Committee Approves Collaborative Practice Ratio Increase

Senate Committee Approves Collaborative Practice Ratio Increase

Last Wednesday, the Senate Health Committee approved an amended version of legislation dealing with the ratio of physicians to nurse practitioners in a collaborative practice.

Originally, the bill would have allowed physician collaboration with an “unlimited” number of full-time equivalent nurse practitioners or nurse-midwives. However, after significant input from the Medical Association, the legislation deletes “unlimited” and instead increases the number of nurse practitioners and physician assistants with whom a physician may collaborate.

Specifically, the amended legislation:

  • Deletes “unlimited” and instead increases the current ratio of FTEs from 1:4 to 1:9;
  • Adds physician assistants to the total collaborative ratio;
  • Maintains the collaborating physician’s autonomy and authority within the collaborative practice agreement;
  • Maintains the ability for exceptions to this new 1:9 ratio through regulation; and,
  • Maintains the current regulatory structure for physician assistants, nurse practitioners, nurse midwives, and collaborating physicians.

Collaborative practice is not “one-size-fits-all” and this newly-amended bill allows for flexibility in collaboration while also preserving physician authority. The compromise was a joint effort between the Medical Association, the Nurse Practitioners Alliance and the Alabama Physician Assistants’ Association. We now support this legislation.

The legislation (SB114) now moves to the Senate floor for a vote.

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