Kansas OCCUPATIONAL therapy ASSOCIATION 

Governor Kelly Vetoes COVID Response Legislation; Calls for Special Session on June 3

Governor Kelly is calling a special session of the Legislature for June 3 to develop a new legislative response to COVID-19 emergency During the Governor’s press conference held on May 26, she announced her veto of the Legislature’s bill (HB 2054) passed last week on the final day of session. HB 2054 dealt with COVID relief funds, aimed to limit liability for businesses and healthcare providers against litigation related to COVID-19 and provided limitations on the Governor’s ability to declare state emergencies.  

The Governor’s call of the special session would mean legislators will be returning to Topeka on June 3 to focus on the extension of emergency management declarations. There is not a requirement for the Legislature to pass a new bill. The Legislature’s intention may come to light in the coming days.

Governor Kelly also announced she is removing statewide “phases” for opening the state economy and allowing each county to determine its path forward.  The attached news release provides an overview of which Executive Orders she will keep in place.   So, now there are no restrictions on gathering, essential service designations or other restrictions on a statewide basis after midnight tonight.  The counties will be responsible for all guidelines.

Just a refresher course on special sessions in Kansas.   The Governor’s proclamation may have a start date and identify a subject matter.  But once called, the length and subject matter may not be limited by proclamation.   Deadlines may be included in the proclamation, but have no legal force.  All subjects must be in new bill format. Committees, if approved by the Speaker and President may meet prior to the session.  It is hoped that the special session will be short, as candidates cannot solicit or accept political contributions from lobbyists, PACs or corporations, during the session.

Stay tuned. Click here to view the full article: Governor signs disaster declaration.

This message was posted May 27, 2020.

Kansas Insurace Department - COVID-19 FAQ

*information organized alphabetically and includes the Securities Division

This message was updated May 11, 2020 and posted here May 15, 2020.

Kansas Legislative Update

The Legislative Coordinating Council, composed of House and Senate leadership, convened to determine to return for Veto session or return for Sine Die, the ceremonial final day of the 2020 session.

The Coordinating Council determined that the Legislature will return for one day on May 21, which will serve as Sine Die and the last day of the legislature.  Sine die is traditionally saved for review of vetoes and override consideration, but conference committees and other committees may meet and submit bills to the full legislature. Standing committees and conference committees can still meet prior to May 21, with the approval  of the Speaker and President of the Senate.  No committees have been scheduled to meet, but the issues and committees that will be addressed should be made clearer in the near future.   

As 2020 is the second year of the two year session, all existing bills will be dead after Sine Die.  In the event the legislature must meet to address COVID impacts and its budget implications, a special session can be called by the Governor.  Interim Committees can also meet to address issues to be dealt with in 2021.

This message was posted May 7, 2020.

KMAP Bulletin: Extension of COVID-19 Emergency Policies Through June 30, 2020

This bulletin was issued May 1, 2020, and posted here May 5, 2020.

CMS Update: COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Released April 29, 2020)

This message was posted May 4, 2020.

New Payment Advance Program

KOTA members,

Your association received this message today from Blue Cross and Blue Shield of Kansas.

COVID-19 has been front and center for all of us and we have been busy working to assist providers throughout our service area. Most of the assistance to date has primarily affected medical professionals and hospitals as they test and treat patients. We have made significant changes to our telehealth policy to expand the realm of eligible services as well as the breadth of eligible providers. We also started paying parity as an in person visit and waived all member costs share. In addition, we waived all member cost share for the testing and treatment of COVID-19 and relieved hospitals and medical providers from precertification and other administrative requirements. These changes have provided significant dollars to the applicable providers.

Although occupational therapists can bill for telehealth, they have not seen the volume impact to our changes that has been experienced on the medical side. We have also been working for several weeks on a provider advance payment program. While we recognize the effect the pandemic is having on providers across the state and their pain is truly important to us, we also know that no one will be insulated from the economic consequences arising from this unprecedented situation. This is true even for our own company. Although we have always been a careful, financially responsible plan over the years, our resources will surely be tested in various ways over the weeks and months ahead. As an example, just like our providers, many of our members are experiencing extreme financial hardship during this crisis. We have heard from numerous employer groups that are struggling to stay current on their premium payments and we are also working in creative ways to keep their employees covered by their health benefit plans, but it remains a struggle for many of them. As we considered an advance payment program we were mindful of the challenges we have in balancing the effect COVID-19 has had on our insured groups and members regarding their ability to afford coverage or are needing leniency on premium payments against the concern of providers seeing significant reductions in revenue to maintain their operations.

After careful consideration and remaining committed to our mission to serve Kansans, I am pleased to advise you of our decision to allocate $35 million toward advance claims payment dollars to contracting professional and institutional providers in our service area. These advanced payments are intended to help provide a financial infusion to assist with cash flow and ongoing practice viability. I have attached links from our website regarding the payment advance program which describes the details of how it works.

Our staff communicated this new opportunity to our network providers yesterday afternoon and we are prepared to process qualified requests timely to get the advances to the providers. This offer, in addition to our telehealth initiatives and administrative relief activities should help ease some of the financial strains currently being experienced during this time. We are optimistic things will return to a sense of normalcy once COVID-19 concerns and social distancing guidelines are behind us. We hope optometrists take advantage of this opportunity.

On behalf of BCBSKS we appreciate the work you and your team are doing to support the occupational therapists during this unprecedented time of need. We too, remain committed to our valued partnership with KOTA and contracting occupational therapists serving our members.

Essential Resources:
BCBSKS Advanced Payments for Contracting Providers
Advanced Payments Program FAQs

Your association appreciates BCBSKS’s wanting to ensure its network providers see this announcement about participation in the payment-advance program. We also value the company’s leadership during this pivotal time and look forward to working closely with its professional relations staff on any further responses.

With our continued best wishes,
Your KOTA staff

This message was posted April 30, 2020.

Governor Laura Kelly Extends Stay-At-Home Order - Update

As part of her administration’s ongoing response to the COVID-19 pandemic, Governor Laura Kelly today issued Executive Order #20-24, which extends the duration of the state’s Stay-At-Home order established in E.O. #20-16 to expire on midnight May 3.

“Cases of COVID-19 continue to increase and have spread to additional counties in Kansas. Extending the stay-home order will keep Kansans safe as we work to fight this pandemic,” the Governor said. “While we won’t be able to lift all restrictions on mass gatherings overnight, we will continue to develop mitigation efforts so Kansans, their families and businesses can plan for the future.”

The action was taken in collaboration with Governor Mike Parson of Missouri, as well as Kansas City metro leaders. The governor believes a regional approach will reduce confusion and help keep communities safe on both sides of the state line.  

Governor Kelly also has been involved in discussion with Colorado Governor Jared Polis as a way to coordinate a plan for Western Kansas. 

Between now and May 3, Governor Kelly also will consult with business leaders, health experts, economists and other industry and community leaders to determine the best path forward beyond that point, and re-open the Kansas economy safely and effectively. 

The Kelly administration also will be highly focused on expanding testing capacity over the next two weeks so that rapid testing, contact tracing and isolation efforts can be used to prevent community spread and avoid overwhelming local healthcare providers. 

Executive Order #20-24 can be found here.  

This message was posted April 17, 2020.

Governor Announces Stay at Home Until May 3

The Governor announced this afternoon that she will extend the stay at home order until midnight of May 3.  The document has not been released, but expect it to reflect the provisions of EO-18. She announced that Kansas is still seeing an increase in cases and the peak is expected sometime between April 19 through the 29^th.   Kansas today has 1,494 confirmed cases, with 68 new and 76 death.

She announced that the State Finance Council will meet today to consider and establish a $17 million financial program for hospitals to be a gap measure for the federal funds.  The State Finance Council is made of 9 leaders – Governor, Senate President and Majority Leader, Senate Minority Leader, House Speaker and Majority Leader, House Minority Leader, Senate Ways and Means and House Appropriations Chair.

The Governor discussed the next steps of reopening of the Kansas economy in a safe and secure manner.  She has been on calls with all Governors and is hoping to work with them to develop the best ways of reopening the economy.   She is working with Governor Parsons and the Kansas City metro mayors to develop the best way to reopen the Government and the Colorado Governor to work with western Kansas.  She has not reached out to Nebraska or Oklahoma. She will also be involving business leaders and public health experts in a plan to reopen business.  She is recommended slow return back to normal.  

This message was posted April 15, 2020.

Centers for Medicare & Medicaid Services Section 1135 Waiver Authority: Blanket Waivers, Provider/Supplier Individual Waivers, Medicaid and Special Waivers

This message was posted April 10, 2020.

Executive Order No. 20-19, extending professional and occupational licenses during the COVID-19 pandemic.

This message was posted April 10, 2020.

KSBHA Billing Update

KOTA members,

Several of you have shared questions and concerns about billing for telehealth services during the COVID-19 situation. Your association has been in contact with the Kansas State Board of Healing Arts, which regulates occupational therapy. Here is KSBHA’s reply:

• [The Centers for Medicare & Medicaid Services have] been issuing new updates almost daily this week, so it has created the need for continued and constant assessment of reimbursements.
• KDHE/KMAP is in the process of updating their reimbursements for speech/PT/OT.
• Based on KMAP Speech Pathologist Billing 18265 and KMAP General Expansion of Telemedicine Services ECI and LEA, speech pathology services via telemedicine have in large part been and continue to be reimbursed by Medicaid. [The Kansas Department for Aging and Disability Services] licenses speech pathologists, so they may have more information.
• KMAP anticipates issuing a bulletin with PT/OT telemedicine services that will be reimbursable next week. They mentioned it is likely there will be the requirement of both audio and visual components to telehealth services provided that will be reimbursable.
• All Bulletins issued by KMAP regarding reimbursement can be found at this link. Type in keyword “telemedicine” for this issue. When the PT/OT bulletin is issued, this is where it will be located.
• I have attached all the bulletins (please see resources below) that pertain to this specific issue and/or have been issued since the COVID-19 pandemic response started.

 
Please keep in mind this is not my area of expertise or the Board’s jurisdiction. As I know this has been a large issue for our licensees, it was important to follow up with KDHE/KMAP directly to get an update. For any of the logistics, lobbying, or ways you can be involved further in the process, reaching out to KDHE/KMPA directly will probably be your best bet.
 
Overall, it sounds like, within the next week or so, we will have an answer on PT/OT telehealth reimbursement. I will keep you posted if I hear anything additional.
 
Sincerely,
 
Courtney Cyzman, J.D.
Deputy General Counsel
Kansas State Board of Healing Arts

Essential Resources:
General KanCare Telemedicine Reimbursement Update
General Telemedicine Updates in Response to COVID19
General Expansion of Telemedicine Services
Speech Pathologist Billing Via Telemedicine
Expanding Telemedicine for HCBS Services

You association appreciates KSBHA's effort in providing this update.
With our best wishes for your continued health and safety,

--

Your KOTA staff

Current as of April 9, 2020.

CMS Suspends Rules to Boost Frontline Staff at Healthcare Facilities

Released April 9, 2020.

Kansas Insurance Department - COVID-19 FAQ

* information organized alphabetically and includes the Securities Division

UPDATED 3/30/2020 5:00 p.m.

OT CE Requirements & COVID-19

KOTA members,
 
Several of you have shared questions and concerns about your continuing education during the COVID-19 situation. Your association has been in contact with the Kansas State Board of Healing Arts, which regulates occupational therapy and determines the CE criteria. Here is KSBHA’s reply:

This message is from the Office of the General Counsel, who represents the Kansas State Board of Healing Arts. The Office of the General Counsel does not render legal advice or services to private individuals or entities. All statements are intended as general guidance and do not necessarily represent the position of the Board. No warranties or representations are made regarding the completeness or adequacy of the information provided. You should not construe this general guidance as legal advice or the establishment of an attorney-client relationship. It is necessary that you obtain independent legal counsel for an application of the law to your particular situation.
 

1. If you are unable to obtain the required continuing education due to the current COVID-19 epidemic, you may request an extension by emailing KSBHA_Licensing@ks.gov.
2. Please include your full name, license number, and the reason you are requesting an extension.
3. For OT continuing education requirements see K.A.R. 100-54-7 and 100-54-8.

 
Additional information re: COVID-19 Fact Sheets: Federal Government and State of Kansas – please see below:
 

1. CMS Medicare Telemedicine Health Care Provider Fact Sheet
2. HHS Emergency Situations: Preparedness, Planning, and Response
3. Notification of Enforcement Discretion for Telehealth Remote Communications during the COVID-19 Nationwide Public Health Emergency
4. HHS Limited Waiver of HIPAA Sanctions and Penalties during COVID-19
5. Kansas Governor’s Executive Order No. 20-08, temporarily expanding telemedicine and addressing certain licensing requirements to combat the effects of COVID-19
6. Kansas State Board of Healing Arts (“Board”) COVID-19 Guidance for Healthcare Professionals and Emergency Temporary Licenses
7. Federation of State Medical Boards: States Waiver Licensure Requirements/Renewals in Response to COVID-19 (March 24, 2020)

Current as of March 31, 2020.

Kansas Stay at Home Order

KOTA Members,

Saturday morning Kansas Governor Kelly announced a statewide stay at home order. This adds Kansas to 22 other states that  have put in place stay at home orders. The Executive Order 20-16 will work in conjunction with KEEF, in Executive  Order 20-15.  The order will begin at 12:01 AM on Monday, March 30 and remain in effect until at least Monday April 19. She made the decision in consultation with the health department, local and federal partners, and emergency management.
 
The order will provide the same rules across the state and provide consistency and help stop the spread.  At this time, more than 50% of Kansans are already under stay at home orders.  

Click here to view EO 20-16.

Current as of March 30, 2020.

Updated - KSBHA Emergency Actions and Guidance Statements to Facilitate Immediate Access to Care During the COVID-19 Emergency Declaration Period

The Kansas State Board of Healing Arts has identified ways the Board can immediately contribute to the capacity of our state’s healthcare system to respond to potential spikes in the numbers of patients seeking access to treatment related to COVID-19.

This includes, but is not limited to: (1) a new temporary emergency license process for healthcare providers willing to provide COVID-19 related care to Kansas patients; (2) a waiver process implementing expanded telemedicine options pursuant to Governor Laura Kelly’s March 22nd Executive Order 20-08;  (3) temporary modification to regulations relating to Physician Assistant practice; (4) Board guidance statements relating to licensee’s practice during the emergency declaration period.  The Board will continuously assess the situation as it develops. Additional Board measures may be forthcoming, and the Board will comply with any future executive orders.

Please review this memo describing options for providers and containing temporary guidance statements.  Please note that this memo contains important updates that were not contained in the Board’s March 20th memo.

Current as of March 24, 2020.

Immediate Access to Care During the COVID-19 Pandemic

Members,

The Kansas State Board of Healing Arts has approved a temporary emergency license for those who qualify and a guidance memo to all healthcare professions.

KSBHA's main webpage now has an announcement, with a memo attached. Within the memo, at the very bottom, is a link to the application for an Emergency Temporary License. Click here for the direct link to the memo.

Thank you,
KOTA Staff

This message was posted March 23, 2020.

Governor Kelly announces executive orders to assist Kansans amid COVID-19 Pandemic

This message was posted March 22, 2020.

Click here for an update from our KOTA President & the Board of Healing Arts regarding COVID-19, Telehealth & OT.

This message was sent to KOTA membership on Thursday, March 16 at 6 PM.

State-by-state resources compiled by organizations - A Message from AOTA:

Hi all,

Several organizations have been putting together state-by-state resources that we wanted to share in case you find it helpful:

Stateside has created a chart with state legislative actions, executive agency actions, gubernatorial actions, and local government actions related to the outbreak of the coronavirus: https://www.stateside.com/blog/2020-state-government-responses-covid-19

The Center for Connected Health Policy (CCHPCA) has created a chart of state actions taken to remove policy barriers to telehealth utilization: https://www.cchpca.org/resources/covid-19-related-state-actions

The National Conference of State Legislatures (NCSL) has compiled state legislation responding to COVID-19:  https://www.ncsl.org/research/health/state-action-on-coronavirus-covid-19.aspx

The Council of State Governments (CSG) has also compiled state-by-state resources such as executive orders, legislative sessions by state, state COVID-19 websites and resources, other mandates, etc: https://web.csg.org/covid19/

Please let us know if you have any questions.

Take care,
Meghan

Meghan Pudeler
Manager, State Affairs
American Occupational Therapy Association
6116 Executive Boulevard, Suite 200
North Bethesda, MD 20852-4929
(240) 482-4157
mpudeler@aota.org

This message was posted March 23, 2020.