Summary of COVID-19 Regulatory Updates Between June 3 - 9      Can't see this email? View online.

June 10, 2020

Welcome to the Verisys Weekly Newsletter highlighting the COVID-19 regulatory updates between June 3 - 9, 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.  
 
Alaska (approved 6/03/2020)  
- Temporarily allow payment for 1905(a) personal care services rendered by legally responsible individuals.  
- A face-to-face encounter does not need to be completed before the start of Home Health services can occur.  
 
Wisconsin (approved 6/05/2020)  
- Temporarily allow services to be provided in settings that have not been determined to meet the home and community-based settings criteria.  
- Temporarily waive written consent required under home and community based service programs and permit documented verbal consent as an alternate.  
 
Oklahoma (approved 6/08/2020)  
- 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 approves the state’s requested flexibility to modify the public notice requirements normally applicable to State Plan Amendment changes.  
- The state may modify the time frame associated with tribal consultation.  
 
Delaware (approved 6/09/2020)  
- Facilities may be fully reimbursed for services rendered to an unlicensed facility provided that the state makes reasonable assessment that the facility meets minimum standards.  
 
West Virginia (approved 6/09/2020)  
- Temporarily allow services to be provided in settings that have not been determined to meet the home and community-based settings criteria.  
- Temporarily waive written consent required under home and community based service programs and permit documented verbal consent as an alternate.  
 
Tennessee (approved 6/09/2020)  
- Temporarily allow services to be provided in settings that have not been determined to meet the home and community-based settings criteria.  
 
Pennsylvania (approved 6/09/2020)  
- Temporarily allow payment for 1905(a) personal care services rendered by legally responsible individuals.  
- A face-to-face encounter does not need to be completed before the start of Home Health services can occur.  
 

STATE BOARD REGULATIONS
 
Board of Pharmacy  
 
Kansas  
6/04/2020: The Board has made the decision to temporarily allow remote work by pharmacy employees. This allowance only applies to pharmacies physically located in Kansas and persons licensed or registered with the Board. This allowance will remain in effect and be reviewed by the Board at their next quarterly meeting on September 3, 2020. Upon review, the Board will provide at least 20-day notice for any plan to discontinue remote work.  
Source: COVID-19 Memo  
 
Kentucky  
6/04/2020: The Kentucky Department of Public Health is recommending pharmacists continue influenza and pneumococcal vaccinations, if as appropriate. At this point in time, June 4, 2020, immunizations should continue as scheduled and efforts should be made to provide vaccinations missed during the initial COVID-19 pandemic emergency. Focus especially on school age children and adolescents who may be behind on school requirements. Pharmacists should have a robust Influenza campaign established for the fall. Source: COVID-19 FAQs  
05/19/2020: Authorizing Covid-19 Testing By Licensed Pharmacists Source: Executive Order 20-05-19-01  
 
Missouri  
06/05/2020: These waivers are extended until September 1, 2020:  
- Remote data entry for pharmacy technicians and intern pharmacists (e.g., from home)  
- Compounding of commercially available products for hospitalized patients pursuant to the FDA’s guidance  
- Compounding by pharmacies for hospitalized patients without a patient-specific prescription in compliance with the FDA’s guidance  
- Distribution of compounded preparations by hospital pharmacies without a patient-specific prescription during the State of Emergency to treat COVID-19 patients, or to assist hospitals who are unable to provide the compounding services due to the State of Emergency  
- Waiver of end-product testing for designated Risk Level 3 preparations for hospitalized patients pursuant to FDA guidance  
- Remote final product verification  
Source: COVID-19 Waiver Update  
 
New Hampshire  
05/21/2020: License pharmacists may initiate, order, administer, and analyze the COVID-19 test kits. Pharmacists must be adequately trained and educated to use the tests correctly. Tests must be administered at the pharmacy that holds the appropriate clinical laboratory improvement amendment certificate and a New Hampshire laboratory license. The pharmacy must create and implement policies and procedures to address this operation.  
Source: Emergency Order #47  
 
Washington  
06/08/2020: Guidance for Conservation of Personal Protective Equipment  
Source: Department of Health  
 
DC  
06/05/2020: Pharmacists may administer COVID-19 tests.  
Source: Notice of Emergency Rulemaking  
 
Board of Medicine  
 
New Jersey  
5/21/2020: There was an emergency rule adopted on May 21, 2020, by the Director of the New Jersey Division of Consumer Affairs, requiring co-prescription of the opioid antidote naloxone under certain circumstances. This order applies to the following licensees:Physicians, Podiatrists, Physician Assistants, Certified Nurse Midwives, Dentists, Advanced Practice Nurses, and Optometrists. These practitioners are required to co-prescribe naloxone to patients when continuously prescribing controlled dangerous substances for management of chronic pain under the following conditions:  
1. If the patient has one or more prescriptions totaling 90 morphine milligram equivalents (MME) or more per day; or  
2. If the patient is concurrently obtaining an opioid and a benzodiazepine.  
Source: DCA Administrative Order 2020-08  
 
Texas  
06/05/2020: TMB Adopts Emergency Rule Related to Issuance of Prescriptions.  
Source: Press Release  
 
Board of Nursing  
 
New Jersey  
5/21/2020: There was an emergency rule adopted on May 21, 2020, by the Director of the New Jersey Division of Consumer Affairs, requiring co-prescription of the opioid antidote naloxone under certain circumstances. This order applies to the following licensees:Physicians, Podiatrists, Physician Assistants, Certified Nurse Midwives, Dentists, Advanced Practice Nurses, and Optometrists. These practitioners are required to co-prescribe naloxone to patients when continuously prescribing controlled dangerous substances for management of chronic pain under the following conditions:  
1. If the patient has one or more prescriptions totaling 90 morphine milligram equivalents (MME) or more per day; or  
2. If the patient is concurrently obtaining an opioid and a benzodiazepine.  
Source: DCA Administrative Order 2020-08  
 
Texas  
6/08/2020: Texas Board of Nursing Approves Emergency Amendments to Rule 217.24 relating to Telemedicine Medical Prescriptions.  
Source: Emergency Amendments  
 
 
 
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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