Government Affairs Regulatory Changes & Guidance Updates

 

Regulatory Changes & Guidance Updates - November 29, 2021

MaineHealth Government Affairs’ Regulatory Changes & Guidance Updates is an internal newsletter that will be distributed weekly including highlights, policy changes, and other pertinent announcements from the state and federal governments. Please note that any formal submissions to the state or federal government on behalf of MaineHealth are coordinated by the Government Affairs Team. If you would like to submit comments or respond to any of the announcements shared through these weekly updates, please email ekovalesky@mainehealth.org for guidance.

COVID-19 Regulatory Weekly Highlights

Federal  CMS released a memo on permissible flexibilities related to oral antiviral drugs for treatment of COVID-19. The U.S. District Court for the Eastern District of Missouri granted a preliminary injunction preventing the Centers for Medicare & Medicaid Services from enforcing its vaccine mandate rule in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming pending a full judicial review of the mandate’s legality. The CDC issued a statement about the omicron variant. The CDC updated the following pages as of 11/29/21: About COVID-19 Vaccine Delivered & Administration Data COVID-19 Vaccine Information for Specific Groups of People COVID-19 Vaccine Information for Essential Workers COVID-19 Vaccine Information for People with Underlying Medical Conditions The CDC updated the following pages as of 11/23/21: COVID-19 Vaccines for Moderately to Severely Immunocompromised People Reporting COVID-19 Vaccination Demographic Data HHS began distributing $7.5 billion of the $8.5 billion in American Rescue Plan Act payments designated for providers who serve rural Medicaid, Children’s Health Insurance Program, and Medicare beneficiaries. In addition, HHS stated that in the coming weeks, it plans to distribute the first wave of Provider Relief Fund “Phase 4” payments and will continue to process remaining ARPA rural applications.  HHS stated that more than 40,000 providers will receive ARPA rural payments, with an average payment of $170,700. State Governor Mills issued a statement about the omicron variant. NH Governor Sununu issued Executive Order 2021-12 “An order to address current hospital capacity surge”  The Maine CDC updated their COVID-19 FAQs.  Maine DHHS sent out updated guidance on Visitation and Resident Rights in Nursing Facilities, Intermediate Care Facilities for ICF/IIDs, and Adult Assisted Housing Providers. This guidance is to provide clarification between previous Maine guidance and updated CMS guidance released last week.  MaineCare announced that effective 11/22/21 providers can submit vaccine and vaccine administration services for specific codes using a roster billing excel spreadsheet template instead of submitting individual claims.

State & Federal Rulemaking

Please note, any formal comments on behalf of MaineHealth are coordinated through the Government Affairs Team – please reach out to ekovalesky@mainehealth.org if you have any questions about this.   MaineCare issued an emergency rule effective 11/24/21 -  10-144 C.M.R., Chapter 101, MaineCare Benefits Manual, Chapter VII, Section 5, Estate Recovery MaineCare proposed changes to rule - 10-144 C.M.R., Chapter 101, MaineCare Benefits Manual, Chapter I, Section 1, General Administrative Policies and Procedures

State Programs & Announcements

Maine DHHS updated their FAQs on the Electronic Visit Verification System.

Federal Programs & Announcements

CMS released guidance on a new web portal effective Feb. 1 for submitting Medicaid and Children’s Health Insurance Program state plan amendments (SPA) and section 1915 waivers. The portal will also apply to state directed payment arrangements, Medicaid managed care contracted rates and CHIP SPAs. The effort is part of an ongoing CMS initiative to speed and improve the review process. CMS released 11 documents related to the agency’s regulations implementing the No Surprises Act. The documents include a template of the comprehensive good faith estimate, including model disclaimer language, and model language to be used to inform uninsured/self-pay patients of their rights to a good faith estimate and the patient-provider dispute resolution process. The documents can be downloaded here.

Know someone who would like to be added to this distribution list? Email Emily Kovalesky at ekovalesky@mainehealth.org Please do not hesitate to reach out with any questions!