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

June 24, 2020

Welcome to the Verisys Weekly Newsletter highlighting the COVID-19 regulatory updates between June 17 - 23, 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.  
 
Connecticut (approved 6/17/2020)  
- Modification of the deadline for initial and annual level of care determinations.  
- Activities do not need to be completed before the start of care; the annual eligibility determinations and reassessments of need that exceeds the 12-month authorization period will remain in place and services will continue until the re-evaluation and reassessment can occur.  
- Temporarily waive written consent required under home and community based service programs.  
 
Montana (approved 6/23/2020)  
- State Plan Amendment (SPA) Flexibilities: Submission Deadline, Public Notice, and Tribal Consultation.  
- Temporarily allow services to be provided in settings that have not been determined to meet the home and community-based settings criteria.  
- The initial determination of level of care does not need to be completed before the start of services and the annual level of care determinations that exceeds the 12-month authorization period will remain in place and services will continue until the assessment can occur.  
- Allow payment for personal care provided by legally responsible individuals.  
- The state may temporarily authorize reimbursement for home and community based services provided by an entity that also provides case management services and/or is responsible for the development of the person-centered service plan (conflict of interest requirements). - Temporarily waive written consent required under home and community based service programs and permit documented verbal consent as an alternate.  
- Implementation and permit documented verbal consent as an alternative.  
- The timeframe for completion of the annual monitoring activity may be postponed up to one year.  
 
Washington (approved 6/18/2020)  
- The face-to-face encounter does not need to be completed before the start of services.  
 

STATE BOARD REGULATIONS

Board of Pharmacy

California
6/19/2020:

The board of Pharmacy has extended the following waivers:
 
- Waive the requirement for a consulting pharmacist to perform quarterly visits to a clinic under certain conditions. (Quarterly Visit Waiver)
- Pharmacists are authorized to conduct certain business operations remotely. (Extended through July 24, 2020) Pharmacies are not required to sign for the delivery of drugs under specific conditions. (Extended through September 22, 2020)
- Waive provisions related to the prohibition against a prescriber to dispensing medications to an emergency room patient if the medication dispensed is a short-acting or long-acting bronchodilator.(Extended through September 22, 2020)
 
The following California Pharmacy waivers will expire.
 
- Reconciliation report needs to be completed once every six months rather than every three months. (Expires June 22, 2020)
- The ratio of pharmacists to intern pharmacists may increase to allow for one additional pharmacy intern for each supervising pharmacist. (Expires June 24, 2020)
- The ratio of pharmacists to pharmacy technicians may increase to allow for one additional pharmacy technician for each supervising pharmacist. (Expires June 24, 2020)
 
Kansas
6/17/2020: The Board continues to encourage vigilance in processing new prescriptions for chloroquine and hydroxychloroquine and recommends reaching out to prescribers to verify diagnosis.  
 
Many law enforcement agencies and the Kansas Bureau of Investigation have begun taking fingerprints for initial applications by appointment only. The Board recommends calling multiple locations to verify whether fingerprinting is available in your area. Due to the continued closure of some fingerprinting locations, the Board will continue to run a name-based background checks through June 30, 2020 for provisional licensure or registration with the Board.  
Source: COVID-19 Memo
 
Nebraska
06/17/2020: Advanced practice registered nurses and pharmacy technicians do not need to complete a national certification until the next renewal period.  
Source: Executive Order No. 20-27  
 
Utah
06/18/2020: Temporary Suspension of "Live" Requirements for Division of Occupational and Professional Licensing (DOPL) Continuing Education (CE).  
Source: Utah DOPL  
 
 
Board of Medicine
 
Alabama
6/18/2020: All licensees are exempt from the continuing medical education annual requirement for the calendar year 2020.
Source: Continuing medical education
 
Utah
06/18/2020: Temporary Suspension of "Live" Requirements for Division of Occupational and Professional Licensing (DOPL) Continuing Education (CE).
Source: Utah DOPL
 
Board of Nursing
 
Alabama
6/12/2020: Providers licensed as a registered nurse or licensed practical nurse may provide services for up to thirty days. Employer is responsible to ensure the validity of the nursing license. After 30 days out of state providers must apply for emergency licensure.  
 
- Out of state nurse practitioners or a certified nurse midwife may provide emergency treatment without immediate physician collaboration.  
- In the event that a licensed healthcare facility activates its emergency operation plan, a licensed nurse, advanced practice nurse, nurse midwife, or registered nurse practitioner may act within such alternative standards of care delivery as long as they operate within their scope of practice, education, training, national certification.  
- The spouse of an active military member, who is licensed in another state may apply for a service member spouse temporary permit. These are valid for 180 days.  
Source: Application of emergency rules to out of state providers  
 
Kansas
6/19/2020: Executive Order No 20-39 that extends the expiration date of nursing licenses will expire on 6/30/2020. Nurses who have licenses that were to expire in March, April, May and June 2020 must have their licenses renewed by September 28, 2020. Those licenses will lapse if not renewed by that date. The mandatory continuing education requirement must be met at the time of renewal.  
 
House Bill No. 2016: 
 
- The state of disaster emergency continues in existence from March 12, 2020 through September 15, 2020.  
- APRNs employed to support a facility’s response to the COVID-19 pandemic may work as necessary without direction and supervision from a responsible physician. A RNA may work as necessary to support the facility’s response to the pandemic without direction and supervision from a physician (expires 1/26/2021).  
- RNs or LPNs may order the collection of throat or nasopharyngeal swab specimens from individual suspected of being infected by COVID-19 for the purposes of testing (expires 1/26/2021).  
- LPNs may provide healthcare services appropriate to their education, training and experience when employed or contracted to work to support the facility's response to the pandemic without direction from a RN (expires 1/26/2021).  
- RNs or LPNs who hold a license that is exempt or inactive or whose license has lapsed within the past five years may provide healthcare services appropriate to their education, training and experience (expires 1/26/2021).  
- Allow a registered nurse who is serving in the military to volunteer or work within a facility in roles that are appropriate to their education, training and experience (expires 1/26/2021).  
- A nurse licensed and in good standing in another state may practice as a nurse in the state of Kansas (expires 1/26/2021).  
- Nurses meeting the requirements of this act may have their license reinstated within five years of lapse without the requirements of continuing education and payment of a fee. Nurses wanting this provision will be given a temporary license that expires on 1/26/2021. After that date, the nurse may apply for reinstatement of license and meet the requirements of reinstatement.  
Source: Weekly Update  
 
Nebraska
6/17/2020: Advanced practice registered nurses and pharmacy technicians do not need to complete a national certification until the next renewal period.
Source: Executive Order No. 20-27
 
Utah
06/18/2020: Temporary Suspension of "Live" Requirements for Division of Occupational and Professional Licensing (DOPL) Continuing Education (CE).
Source: Utah DOPL
 

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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