The following is the latest information from federal regulators as of 3:30 p.m. on Friday, April 10.

Centers for Medicare & Medicaid Services

• CMS has posted a new “CARES Act Provider Relief Fund” page detailing how it is distributing the first $30 billion of CARES Act grants to hospitals and health care providers. This notice informs grant recipients that they “… are obligated to abstain from “balance billing” any patient for COVID-related treatment.”
• CMS has updated its compendium of emergency declaration blanket waivers for health care providers (section 1135 waivers). This compendium includes a waiver that authorizes providers to practice at the top of their license and across state lines.
• CMS has posted a COVID-19 interim final rule FAQs document that addresses a wide variety of subjects. This document summarizes the content of a pre-publication version of a 221-page Federal Register notice on Medicare and Medicare policy and regulatory revisions in response to the COVID-19 public health emergency.
• CMS has posted a video on Medicare coverage and payment of virtual services.
• Two weeks ago CMS held a call with Programs of All-inclusive Care for the Elderly stakeholders. It has now published its responses to the questions asked during that call.
• CMS has announced updates of a number of past guidance documents.
• Guidance for Infection Control and Prevention of Coronavirus Disease (COVID-19) in Hospitals, Psychiatric Hospitals, and Critical Access Hospitals (CAHs): FAQs, Considerations for Patient Triage, Placement, Limits to Visitation and Availability of 1135 waivers(4/8/20)
• Guidance for Infection Control and Prevention of Coronavirus Disease (COVID-19) in Outpatient Settings: FAQs and Considerations(4/8/20)
• Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs) and Psychiatric Residential Treatment Facilities (PRTFs) (4/8/20)
• Emergency Medical Treatment and Labor Act (EMTALA) Requirements and Implications Related to Coronavirus Disease 2019 (COVID-19)UPDATED (4/8/20)
• Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Dialysis Facilities UPDATED (4/8/20)

Federal Communications Commission (COVID-19 Telehealth Program)

Last week the FCC announced a $200 million grant program to help health care providers develop connected care services to patients at their homes or mobile locations in response to the COVID-19 pandemic.  Today the FCC announced that it will begin accepting applications for this money on Monday, April 13.  See this FCC news release for further details on the program and the application process.

Food and Drug Administration

• The FDA has issued guidance on best practices for safe food handling and employee health in retail food settings during the COVID-19 epidemic.
• The FDA has published guidance on the temporary use of portable cryogenic containers not in compliance with certain current guidelines for oxygen and nitrogen during the COVID-19 crisis.
• The FDA has posted new information on additional safety protections against COVID-19 in the use of fecal microbiota for transplantation.
• The FDA has updated its complete list of emergency use authorizations (EUAs) related to addressing the COVID-19 emergency.
• The FDA also has updated its FAQs on COVID-19 testing.

Centers for Disease Control and Prevention

• The CDC has posted a preview version of an interim final rule addressing approval tests for air-purifying particulate respirators.
• The CDC has updated past guidance on care for pregnant women.
• The CDC has posted information about providing dialysis in inpatient settings to patients who have or are suspected of having COVID-19.

Federal Emergency Management Agency

FEMA has issued a news release announcing that it will seek to give states the option of assuming control of federal community-based COVID-19 testing sites.

White House

President Trump has issued a memorandum on providing federal support for governors’ use of the National Guard to respond to COVID-19.  A similar order was issued earlier this week and this new order adds 13 states to the list of those previously authorized to use the National Guard in this manner, with the Federal Emergency Management Agency directed to assume 100 percent of the associated costs.  The new states are Arizona, Colorado, Kentucky, Mississippi, Montana, Nevada, North Carolina, Oregon, Pennsylvania, South Carolina, Virginia, Wisconsin, and West Virginia.

Federal Funding Opportunities for Hospitals

NASH has prepared a document that collects and presents in one place the various new federal funding opportunities for hospitals resulting from legislation addressing the COVID-19 public health emergency.  Find that document here.

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