Clarification on Executive Order 20-72 on Non-Essential Elective Medical Procedures

Executive Order 20-72

Executive Order 20-72

When the Governor issued Executive Order 20-72, essentially shutting down any healthcare service that isn’t urgent, it sent the entire Florida healthcare industry into a tail spin.  In recognition of that fact, many industry trade groups circled back to Florida government and sought clarification.  Attached is one report of such a clarification issued by the Florida Medical Association.

AS FOLLOWS:

The FMA interpretation of Executive Order 20-72 is that only medically unnecessary, non-urgent or non-emergency procedures or surgeries are prohibited. This has been confirmed by staff at the Florida Department of Health in communications to the FMA this morning.

The Department of Health also confirmed that Physicians can continue to see patients for purposes of evaluation and management. Telemedicine visits can continue unabated. Primary care practitioners can continue to see and treat patients with chronic and acute conditions, perform wellness exams, and provide mental health services, that do not consume personal protective equipment. Specialists can see patients for follow-up care and other non-surgical purposes.

The medical care prohibited under this order is:
• elective or non-medically necessary surgical procedures
• surgical procedures that can be postponed without putting the patient’s immediate health, safety or well-being at risk
• medical procedures that would consume personal protective equipment, that can be postponed without putting the patient’s immediate health, safety or well-being at risk

Physicians should consult the CMS recommendations for additional guidance. We understand the negative impact this will have on countless physicians and their patients. The FMA will be here to help guide you through this unprecedented event. If you have any questions please contact the FMA General Counsel’s office at [email protected] or call 850 224-6496.

CMS Rolls Out a General Provider Telehealth and Telemedicine Tool Kit

Information from CMS for medical providers on telehealth and telemedicine

Information from CMS for medical providers on telehealth and telemedicineBy: Susan St. John

CMS has rolled out a telehealth/telemedicine tool kit to assist medical professionals with health care delivery during the current COVID-19 public health emergency.

The toolkit contains information and links concerning:

 

  • 1135 Waivers – allows the Secretary of HHS to temporarily waive or modify certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements to ensure sufficient health care services and items are available to meet the needs of individuals enrolled in Social Security Act programs during the emergency and that providers who provide services in good faith can be reimbursed and exempted from sanctions (provided there is no determination of fraud and abuse). 1135 waiver or modifications include:
    • Conditions of participation and other certification requirements;
    • Program participation and similar requirements;
    • Preapproval requirements;
    • State licensing requirements where services are rendered as long as the provider has equivalent licensing in another State (for Medicare, Medicaid, CHIP reimbursement only; State licensing still controls whether a non-Federal provider may provide services in a state he/she is not licensed in);
    • EMTALA sanctions for redirection for medical screening, as long as redirection is not the result of discrimination on the basis of a patient’s source of payment or ability to pay;
    • Stark self-referral sanctions;
    • Adjustment (not waiver) to performance deadlines and timetables;
    • Limitations on payment to permit Medicare enrollees to use out of network providers in an emergency situation.

Continue reading

Governor DeSantis’ order on COVID-19 and Non-essential Elective Medical Procedures

florida governor's orders for healthcare businesses during corona virus outbreak

florida governor's orders for healthcare businesses during corona virus outbreakBy: Jeff Cohen

Florida’s Governor passed an Executive Order Friday which essentially shuts down all elective medical treatment.  The Order (20-72) only allows “non-urgent or non-emergency procedure or surgery which, if delayed, does not place a patient’s immediate health, safety, or wellbeing at risk, or will, if delayed, not contribute to the worsening of a serious or life-threatening medical condition.”Continue reading