Elevating the Post-Acute and
Long Term Care Profession

August 12, 2020


SNF National Updates Tomorrow. In addition to AHCA's SNF webinar tomorrow at 3:00 p.m. on the next Provider Relief Fund distribution to SNFs, we learned tonight that Centers for Medicare and Medicaid Services (CMS) Administrator Seema Verma is hosting a special national SNF call tomorrow at 1:30 p.m. Phone lines are limited, so CMS highly encourages people to join via webcast. The call-in number is (833) 614-0820, and the conference ID is 1964786#. To join the webcast, use this link.

Palmetto GBA eServices Outage, RCD Selection. Today, OHCA received notification from Palmetto GBA Senior Provider Relations that the eServices portal will be down starting at 1:00 p.m. Saturday, August 15, 2020, until 8 a.m. Sunday, August 16, 2020. Ohio home health agencies are reminded that, because the Review Choice Demonstration (RCD) is resuming in our state, their Round Two RCD selections are due by August 17, 2020. Providers will be unable to access certain parts of the eServices portal over the weekend, so they should review their options as soon as possible to avoid being forced into the default selection.

For more information on your selection options, please refer to the Review Choice Demonstration Operational Guide.

Latest Changes to PRF FAQ. The Department of Health and Human Services (HHS) further modified its frequently-asked questions (FAQ) document on the Provider Relief Fund (PRF), as it does often. The latest changes, dated August 10, reflect the expanded eligibility for what is now called Phase 2-General Distribution. This PRF tranche, which formerly was known as the Medicaid Targeted Distribution, now includes various Medicare providers, in addition to the original beneficiaries, Medicaid-only providers. HHs outlines the list of eligible providers, along with the 5 eligibility criteria for Phase 2 and other aspects of the expanded distribution, on pages 22-24, 28-29, and 31 of the revised FAQ, in particular page 22. Any Medicare or Medicaid provider who has not received payments of 2% of annual patient revenue from the PRF should review these eligibility criteria and, if eligible for Phase 2, apply through the appropriate portal. Remember that the deadline for applying for all components of the Phase 2-General Distribution is August 28, 2020.

All Members Encouraged to Focus on Key OSHA Standards. OHCA wishes to share with members the on-demand webinar entitled, "Preparing for OSHA Inspections Related to COVID-19." Unfortunately, with the increase in COVID-19 community spread, more positive cases of COVID-19 occur within the long-term services and supports employee population and even worse, some incredible employees have passed away. According to the Occupational Safety and Health Administration (OSHA) Cleveland office, there hae been approximately 109 COVID-19-related worker fatalities in Region 5, most of which have occurred in healthcare settings. In Ohio, we have seen inspections triggered by OSHA employer reporting requirements, under which employers must report inpatient hospitalizations within 24 hours and fatalities within 8 hours if the employee event is work-related.

OSHA also appears to be reaching out to SNFs that report cases under the COVID-19 National Healthcare Safety Network Reporting Requirements to inquire why certain employee cases were not reported to OSHA. The "Preparing for OSHA Inspections Related to COVID-19" webinar  discusses an employer's responsibility to consider a variety of circumstances when assessing the work-relatedness of an employee's COVID-19 diagnosis, giving special attention to the Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 issued on May 19, 2020.

The webinar also discusses two key standards that OSHA cited during recent inspections in SNFs:

Fit testing of respirators is also an important standard. Per OSHA fit-testing requirements, any employee who wears an N95 respirator must be fit-tested prior to initial use. On April 9, 2020, OSHA issued Expanded Temporary Enforcement Guidance on Respiratory Protection Fit-Testing for N95 Filtering Facepieces in All Industries During the Coronavirus Disease 2019 Pandemic, whic  allows OSHA field offices to exercise enforcement discretion concerning the annual fit testing requirement, as long as the employer made a good-faith effort to comply with the requirements in OSHA’s March 14, 2020 memorandum. The March memo highlights, among other things, the importance of performing initial fit tests for each employee with the same model, style, and size respirator they will wear. OSHA field offices say they understand the shortage of commercially purchased fit tests and will be looking for employers to document their attempt to secure fit tests, including evidence of items on back order during their inspections.

OHCA is continuing to communicate directly with OSHA and the Bureau of Workers' Compensation to provide more guidance and education for members. Please watch for additional training and information as it becomes available. If you experience an OSHA citation and are interested in seeking consultative assistance, please contact OHCA.

OHCA Webinar on PPP Loan Requirements. For any OHCA members who have taken out Paycheck Protection Program (PPP) loans, the webinar "All You Need to Know About PPP Loans" will help you understand the complex requirements of these loans so you can gain the maximum benefit. This live session is offered on September 10, 2020, from 10:00-11:30 a.m. It will address such issues as:

  • PPP loan forgiveness time lines
  • Who can use the EZ loan forgiveness application
  • Accounting for the PPP loan
  • Allowable expenses
  • How can my loan forgiveness be reduced?
  • We received more than $2 million in a loan, should I be concerned about being audited by the SBA?
  • What covered period should I use?
  • Is the forgiveness taxable and are the qualifying expenses deductible?
  • What other relief is available?

Use this link to register for this timely program.

With Support from OHCA Champion Partners