Summary of COVID-19 Regulatory Updates Between May 27 - June 2 Can't see this email? View online.

June 3, 2020

Welcome to the Verisys Weekly Newsletter highlighting the COVID-19 regulatory updates between May 27 - June 2, 2020.  

Verisys' Compliance Team gathers information from a variety of state and federal sources and updates our COVID-19 Resource Page daily with those updates. We have compiled the most recent updates from the past week in this email to assist your organization in serving patients during the pandemic and maintaining compliance as you bring additional providers on board to serve on the frontlines.

FEDERAL  
 
1135 waivers: Several states submitted an additional 1135 waiver request to CMS. The approved waivers have been published by the Centers for Medicare and Medicaid Services. Unless otherwise stated, all waivers are retroactively effective March 1, 2020.  
 
Maine (approved 5/28/2020)  
- Temporarily waive written consent required under home and community based service programs and permit documented verbal consent as an alternate.  
- Temporarily allow services to be provided in settings that have not been determined to meet the home and community-based settings criteria.  
 
Vermont (approved 5/28/2020)  
- State Plan Amendments related to the COVID-19 public health emergency, submitted after the last day of the quarter may have an effective date in the previous quarter, but no earlier than the effective date of the public health emergency.  
- CMS is waiving public notice requirements applicable to the state plan amendment submission process.  
- Temporarily allow payment for 1905(a) personal care services rendered by legally responsible individuals.  
- Temporarily waive written consent required under home and community based service programs and permit documented verbal consent as an alternate.  
- Temporarily allow services to be provided in settings that have not been determined to meet the home and community-based settings criteria.  
 
Ohio (approved 5/28/2020)  
- Suspend pre-admission screening and annual resident review (PASRR) Level I and Level II Assessments for 30 days.  
- Temporarily waive written consent required under home and community based service programs and permit documented verbal consent as an alternate.  
- Modification of the deadline for initial and annual level of care determinations.  
 
Alaska (approved 5/29/2020)  
- Modification of the deadline for initial and annual level of care determinations.  
 
Arizona (approved 6/01/2020)  
- A face-to-face encounter does not need to be completed before the start of Home Health services can occur.  
 
Mississippi (approved 6/01/2020)  
- Temporarily waive written consent required under home and community based service programs and permit documented verbal consent as an alternate.  
 

STATE BOARD REGULATIONS
 
Board of Pharmacy  
 
Iowa  
5/27/2020: Governor Kim Reynolds issued a new Proclamation of Disaster Emergency. In this Proclamation, Governor Reynolds extends the regulatory relief which applies to the practice of pharmacy. The suspension of regulatory provisions identified in the Proclamation is effective through June 25, 2020, unless otherwise extended or terminated by Governor Reynolds. Source: Board of Pharmacy Response to Governor’s Proclamation.  
 
Michigan  
5/26/2020: Licensed physician assistants, advanced practice nurses, and pharmacists are authorized to administer a COVID-19 test without additional state license. Source: Executive Order 2020-104  
05/19/2020: Authorizing Covid-19 Testing By Licensed Pharmacists Source: Executive Order 20-05-19-01  
 
North Carolina  
05/21/2020: The WV BOP has worked with WV DHHR Bureau for Public Health and the State Health Officer to provide Guidance with the appropriate contacts and pathways to follow for a pharmacist/pharmacy who decides to undertake the provision of COVID-19 testing at his/her pharmacy. Source: COVID-19 Testing Update  
 
Ohio  
05/27/2020: Additional Delay of ARCOS Review Requirement for Drug Distributors; Pharmacists can order COVID-19 testing per guidance issued by the U.S. Department of Health and Human Services. Source: COVID-19 Response Efforts and Fraud Notice  
06/01/2020: Temporary Authorization to Move Dangerous Drugs in the Event of an Emergency Source: Guidance  
 
Oklahoma  
05/30/2020: All occupational licenses issued by any agency, board, or commission of the State of Oklahoma that expire during this emergency shall be extended. All occupational licenses extended during this Order will expire fourteen (14) days following the withdrawal or termination of this Order. This Order shall be effective until the end of thirty (30) days after the filing of this Order. Source: Executive Order 2020-20  
 
Guam  
06/02/2020: DPHSS may develop and adopt temporary guidance policies to be communicated to the Guam Customs and Quarantine Agency (GCQA) to allow for the importation, distribution, and sale of specific COVID-19 related commodities under local law. The applicability of such temporary guidance shall be limited in duration and shall expire no later than July 15, 2020. Source: Executive Order 2020-19  
 
Board of Medicine  
 
Michigan  
5/26/2020: Licensed physician assistants, advanced practice nurses, and pharmacists are authorized to administer a COVID-19 test without additional state license. Source: Executive Order 2020-104  
 
New York  
06/02/2020: Temporary Suspension and Modification of Education Law and Regulations to the extent necessary to allow a questionnaire administered through an asynchronous electronic interface or electronic mail that is approved by a physician licensed in the State of New York to be sufficient to establish a practitioner-patient relationship for purposes of ordering a clinical laboratory test. Source: Executive Order 202.36  
 
Board of Nursing  
 
Connecticut  
5/27/2020: The Department of Public Health is allowing for a temporary certification of a Nurse Aide to function in the capacity of a Connecticut certified nurse’s aide to address work increases and staffing shortages caused by the 2020 COVID-19 pandemic. Source: Executive Order No. 7SS  
 
Michigan  
5/26/2020: Licensed physician assistants, advanced practice nurses, and pharmacists are authorized to administer a COVID-19 test without additional state license. Source: Executive Order 2020-104  
 
 
 
Disclaimer:  
This information has been gathered from a variety of sources. Although Verisys has made every effort to provide complete, accurate and up-to-date information, Verisys makes no warranties, express or implied, or representations as to the accuracy or reliability of this information. The information is fluid and evolving. Verisys assumes no liability or responsibility for any errors or omissions in the information contained in this resource.  
 
The information contained in this newsletter comprises all the information that we have found during those dates. It may not constitute a complete list of every regulation instituted by every board during the last week.

Stay well,  
The Verisys Team  
1-888-VERISYS (837-4797)
customerservice@verisys.com

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