April 17, 2020: National Advocacy Update

Responding to a spike in cyber threats that exploit telework technologies during the COVID-19 pandemic, the AMA and the American Hospital Association (AHA) teamed up to provide physicians and hospitals with guidance on protecting a remote work environment from cyber criminals.

"Working from home during the COVID-19 pandemic" (PDF) offers actions to strengthen home or hospital -based computers, networks and medical devices from the rise in COVID-19-themed security threats and attacks. The resource includes checklists, sources, tips and advice on strengthening protections to keep pace with deceptive cyberattacks that could disrupt patient care or threaten medical records and other data.

"Amid increased reports of malicious cyber activity, some physicians and care teams are working from their homes and relying on technologies to support physical distancing measures while ensuring availability of care to those who need it," said AMA President Patrice Harris, MD, MA. "For physicians helping patients from their homes and using personal computers and mobile devices, the AMA and AHA have moved quickly to provide a resource with important steps to help keep a home office as resilient to viruses, malware and hackers as a medical practice or hospital."

On April 1, the Federal Bureau of Investigations (FBI) released a public advisory noting that more than 1,200 complaints related to COVID-19 scams were received at its Internet Crime Complaint Center. According to the FBI, "in recent weeks, cyber actors have engaged in phishing campaigns against first responders…deployed ransomware at medical facilities and created fake COVID-19 websites that quietly download malware to victim devices. Based on recent trends, the FBI assesses these same groups will target businesses and individuals working from home via telework, software vulnerabilities, education technology platforms and new Business Email Compromise schemes."

Stay informed and updated on clinical information, guides, advocacy and medical ethics by connecting with the AMA COVID-19 resource center.

The U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) is waiving numerous requirements during the COVID-19 emergency to help patients with opioid use disorder (OUD) access treatment to encourage shelter-in-place efforts and minimize travel. In states with declared states of emergency that have requested blanket exceptions from SAMHSA, as the AMA strongly recommends patients may obtain up to 28 days of take-home medication, depending on their level of stability and their treatment program's assessment of the patient's ability to safely handle the medication at home. The AMA is aware of several states that have already requested the blanket waivers. The AMA urges physicians and medical societies to communicate with their state health authorities about the status of their own state's waiver.

Physicians and opioid treatment programs (OTP) may also conduct visits with existing OUD patients via telemedicine, including audio-only telephone visits. Telemedicine visits may replace the required in-person visit for induction for a new patient starting treatment with buprenorphine, but in-person visits are still required for a patient to start treatment with methadone. Patients quarantined at home may have their medications delivered to their home. These are among several new SAMHSA policies for OUD patients.

"During this pandemic, it is critical for patients to be able to access medication without delay. With public transportation limited and social distancing being recommended, physicians know that their patients might not be able to come to an opioid treatment program on a daily basis. Physicians need this flexibility so their patients can keep up with life-saving prescription regimens," said Dr. Harris, who also is chair of the AMA Opioid Task Force.

According to Elinore McCance-Katz, MD, PhD, assistant secretary for mental health and substance use, during the first two weeks of treatment with methadone, patients are at the highest risk for overdose and death. Buprenorphine, in her view, is a safer treatment for new patients who cannot obtain care in-person, but a recent study found that many OTPs do not offer treatment with buprenorphine.

The AMA is also urging governors to adopt SAMHSA and U.S. Drug Enforcement Administration (DEA) guidance for OUD care that allows telephone-only initiation of buprenorphine and is recommending that SAMHSA further increase flexibility for OTPs to use telemedicine for new patients receiving treatment with methadone.

As hospitals, clinics and health systems seek to maximize capacity in alternate care sites to deliver supportive care for patients with COVID-19, one stumbling block has been DEA rules governing DEA-registered hospitals, clinics, manufacturers and distributors.

The satellite care locations that may lack the DEA registration usually needed to handle controlled substances are essential to critical care in this moment. The DEA has announced it is making an exception to the registration requirement for the duration of the nationwide COVID-19 public health emergency.

In a letter posted last week, the agency said that "due to the extraordinary circumstances arising from the COVID-19 pandemic," it would allow a health care organization's existing DEA registration to apply to a satellite hospital or clinic if it meets certain conditions, such as:

• It was set up to provide temporary services connected to the public health emergency resulting from the COVID-19 pandemic.
• It is authorized by the state in which it operates to handle controlled substances and is doing so in a manner permitted by the state.

The DEA-registered hospital or clinic must maintain appropriate records and notify the local DEA field office in writing that it is opening a satellite location that will handle controlled substances. Local field offices can be found at the DEA website. The agency also has created a COVID-19 information page.

The DEA also is allowing, for the course of the pandemic, delivery of controlled substances directly to the non-registered satellite hospitals and clinics.

Any physician with reports or examples of drug shortages is encouraged to share that information with the AMA. 

CMS will provide additional relief options for 2019 Merit-based Incentive Payment System (MIPS) reporting due to COVID-19. Practices can submit an Extreme and Uncontrollable Circumstances application until April 30. An application submitted between April 3 and April 30, citing COVID-19, will override any previous data submission. CMS has updated the QPP Participation Status Tool so eligible clinicians can see if the policy has been automatically applied.

Who should submit an application?

• Individual clinicians who started, but are unable to complete, their data submission
• Groups that started, but are unable to complete, their data submission
• Virtual groups that are unable to start or complete their data submission

For more information, please see the Quality Payment Program COVID-19 response fact sheet (PDF).

Contact the Quality Payment Program at 1-866-288-8292, Monday through Friday, 8 a.m.-8 p.m. Eastern or by e-mail. Those who are hearing impaired can dial 711 to be connected to a TRS communications assistant.

On April 8, Sen. Amy Klobuchar (D-MN) and Rep. Brad Schneider (D-IL), along with more than 30 members of the House and Senate, sent a letter to U.S. Citizenship and Immigration Services (USCIS) urging the administration to resume premium processing for physicians seeking employment-based visas. Sen. Klobuchar, Rep. Schneider and the other bipartisan, bicameral members of Congress argued that the recently announced suspension of premium processing for employment-based visa petitions by USCIS would exacerbate physician shortages during the COVID-19 pandemic, particularly in rural areas that depend on physicians who participate in the Conrad 30 J-1 visa waiver program.

The original version of the Conrad 30 bill dates back to 1994. Through subsequent reauthorizations, the program has resulted in bringing more than 15,000 physicians to underserved areas. It does so by providing an essential waiver to physicians who come to this country on J-1 work-study visas for residency training. Otherwise, those physicians would be forced to return home for two years before applying for a new visa or green card.

In exchange, the physicians give a three-year commitment to practice in an underserved community. The AMA supports the Conrad State 30 and Physician Access Reauthorization Act (H.R.2895/S.948) in accordance with current AMA policy. This bill would reauthorize the J-1 visa waiver program for an additional three years (through Sept. 30, 2021) and make improvements to the program by requiring more transparency in employment contract terms.

"Ensuring that underserved and under-resourced communities have ample access to physicians is a chronic challenge in normal times, and the COVID-19 pandemic is expected to exacerbate this issue. Physicians practicing in underserved communities either via an H-1B visa or as part of the Conrad State 30 program play a key role in providing much needed health care to vulnerable populations. We applaud Senator Klobuchar, Representative Schneider and the other bipartisan, bicameral cosigners for seeking to rectify this problem stemming from the pandemic," said Dr. Harris.

Responding to the COVID-19 pandemic, the AMA, in league with the Federation, has been vehemently advocating for policies that would protect patient access to care, the health of physicians and the viability of physician practices. Some recent correspondence activity includes:

Phase four Congressional relief package: As cited above, the AMA, all state medical associations and 89 national medical specialty societies wrote to Congress as members consider a "phase four" coronavirus relief legislative package to further confront the pandemic. In the letter, AMA strongly urges Congress to take additional steps to protect patient access to care by preserving the viability of physician practices as part of the nation's essential health care system.

Addressing the needs of minority populations during COVID-19: The AMA sent a joint letter in conjunction with the American Hospital Association and the American Nurses Association to Secretary Alex Azar at the Department of Health and Human Services (HHS). The letter calls on HHS to mobilize its agencies and use its existing authorities to identify and address disparities in the federal response to COVID-19, including increasing the availability of testing, ensuring access to equitable treatment and disseminating timely, relevant, culturally appropriate and culturally sensitive public health information.

ERISA plan guidance: The AMA sent a letter to Eugene Scalia, secretary U.S. Department of Labor, urging the Department to issue guidance to Employee Retirement Income Security Act of 1974 (ERISA) health plans to expand the use of telemedicine during this pandemic. It is critical that telemedicine, as a means to allowing patients to safely access covered care during this emergency, is available to all. Medicare and many states have taken action to expand access and the AMA is urging the DOL to help push ERISA plans to catch up.

Addressing PPE shortages: The AMA sent a letter to the Federal Emergency Management Agency (FEMA) urging the creation of a national system for acquisition of personal protective equipment (PPE) as well as a system of distribution managed by the federal government so that a healthy physician workforce can be maintained in both hospital and laboratory settings.

Telehealth payment parity: In a sign-on letter to CMS Administrator Seema Verma, the AMA and 41 national medical specialty societies urge CMS to provide payment parity between telehealth visits and regular office visits and provide guidance to Medicare Administrative Contractors (MAC) to ensure that recent CMS guidance and rules are followed appropriately to enable the payment of telephone E/M claims.

• April 17, 2020: Advocacy spotlight on Five vital lifelines still needed for struggling physician practices 
• April 17, 2020: State Advocacy Update