CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country
nnTexas is now the last State to determine its vaccine mandate guidelines. The Centers for Medicare and Medicaid Services set forth guidelines, by February 19, 2022, Texas must have its vaccination processes and plans in place, and all covered staff must at least have taken their first dose of a vaccine or have a pending exemption request to be in compliance with the CMS rule. By March 21, 2022, all covered staff must be fully vaccinated against COVID-19 or have received an exemption to be in compliance with the CMS rule. Continue reading below to learn more. nn nOn January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate for healthcare providers. The ruling stayed preliminary injunctions applicable to twenty-four states. Twenty-five states were already subject to enforcement under the CMS rule. This left Texas standing alone and in limbo.nn nnDismissal of the Texas CasennOn January 14, 2022, CMS filed in the U.S. District Court for the Northern District of Texas a motion to stay the preliminary injunction applies to the State of Texas, pending the resolution of an interlocutory appeal that CMS filed with the U.S. Court of Appeals for the Fifth Circuit on the same day. The district court ordered the State of Texas to file its response to CMS’s motion by January 18, 2022.nnOn January 18, 2022, the State of Texas filed a motion to dismiss the case without prejudice. It also filed a response to CMS’s motion for stay, arguing that it was moot because Texas sought to dismiss the case.nnCMS filed a reply memorandum on January 19, 2022, arguing that its motion to stay was not moot until the case was dismissed and requesting that the court either grant its motion to stay or dismiss the case by 5:00 p.m. on January 19, 2022.nnThe district court issued an order dismissing the lawsuit without prejudice on January 19, 2022, allowing CMS to enforce the vaccine mandate nationwide.nn nnNew CMS Deadlines Applicable to TexasnnOn January 20, 2022, CMS issued new guidance setting forth the following compliance deadlines for Texas:n
- n
- By February 19, 2022, covered facilities in Texas must have their vaccination processes and plans in place, and all covered staff must at least have taken their first dose of a vaccine or have a pending exemption request to be in compliance with the CMS rule.
- By March 21, 2022, all covered staff must be fully vaccinated against COVID-19 or have received an exemption to be in compliance with the CMS rule.nAll prior deadlines set for the other forty-nine states remain unchanged.
n
n
n nnTakeawaysnnCovered facilities in Texas may want to consider dusting off their vaccination processes and plans and restarting the implementation process if they have not already done so. With Texas’s state vaccine executive order in conflict with the CMS rule, Texas employers may also want to ensure their policies make clear that their CMS-compliant policies apply to CMS-covered facilities and preempt the executive order. On the other hand, for any employee not working in a CMS-covered facility, another policy and/or the provisions of the executive order may apply to them.nnOgletree Deakins will continue to monitor and report on developments with respect to the COVID-19 pandemic and will post updates in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.nnOriginal article published on ogletree.com
CMS proposed bi-annual ICD-10 implementation dates that would be in addition to previous coding from last October. With the ongoing COVID-19 pandemic, the industry has had to adapt and evolve quickly. Of course, with new coding comes new standards for the medical industry. Read more below to see the new CMS proposed bi-annual coding dates. nnIn the March 2021 virtual ICD-10 Coordination and Maintenance Committee meeting, the Centers for Disease Control and Prevention’s National Center of Health Statistics (CDC/NCHS) and the Centers for Medicare and Medicaid Services (CMS), announced a new proposal to introduce an April 1st implementation date for ICD-10-CM & ICD-10-PCS updates. This April 1 implementation would be in addition to our existing October 1 implementation for code set updates and revisions, and would be considered under Social Security Act section 1886(d)(5)(K)(vii).nnThis proposal is, in part, due to lessons learned from the ongoing COVID-19 Public Health Emergency (PHE) and the need for the healthcare industry to adapt quickly to rapidly evolving industry standards and the impact it has on the business of medicine. The Committee concluded with a call for public comments on this proposal. All comments must be submitted by May 7, 2021 to CMS at ICDProcedureCodeRequest@cms.hhs.gov.n
The house has delayed Medicare 2% sequester cuts through 2021. Sequestration cuts were originally supposed to be implemented this month, however, Congress has acknowledged how detrimental this may be to providers and patients and this has ultimately prompted the extension. Continue reading below to find out more.nnPresident Biden is expected to sign the bill, which has already cleared the Senate.nnKey Takeaways:n
CMS pauses payment claims submitted after April 1st until Congress passes the sequester bill. As ideas of the sequester extension have been thrown around, CMS has paused payments to minimize the volume of claims that would be reprocessed. More news should come out soon as Congress returns from recess. Read below to find more about CMS updates. nnThe House is on recess but expected to pass the bill when it returns to Washington, D.C., on April 13. A version of this article was first published April 5, 2021, by HCPro’s Revenue Cycle Advisor, a sibling publication to HealthLeaders. CMS is holding payments for claims submitted on or after April 1 in anticipation of legislation that will extend the suspension of a 2% cut (sequester) to all Medicare payments, according to a special edition of MLN Connects.nnThe Senate recently passed a bill that would eliminate the 2% sequestration of Medicare reimbursements through the end of 2021. The House is on recess but expected to pass the bill when it returns to Washington, D.C., on April 13. According to CMS, temporarily withholding payments will “minimize the volume of claims the MACs [Medicare Administrative Contractors] must reprocess if Congress extends the suspension.” MACs will reprocess any claims paid with the reduction applied, if necessary.nnExtension of the sequester is a major priority for the American Medical Association, American Hospital Association, and other physician groups who believe the 2% payment cut would financially devastate already distressed physician practices. Revenue Cycle Advisor combines all of HCPro’s Medicare regulatory and reimbursement resources into one handy and easy-to-access portal. News is not just repeated from other sources. It is analyzed by our Medicare experts so professionals can comprehend any new rule and regulatory updates thoroughly.nnOriginal 
The AMA has released new 2021 guidelines for E/M clarifications and we have the updates for the new corrections. Stay up-to-date and informed with WHP about new changes in guidelines in coding for E/M. Continue reading below to learn more.nnMarch 9, 2021 – American Medical Association (AMA)