President NYSPMA

Weekly CPR Billing and Coding Tip of the Week: CMS Announces COVID-Related MIPS 2020 PY Relief

CPR Tip by: Hoda Henein

CMS announced on June 24 that any clinician "significantly impacted" by the COVID-19 public health emergency may submit an Extreme and Uncontrollable Circumstances Application to reweight any or all MIPS performance categories for the 2020 PY if they choose. This decision was a welcome announcement after the APMA had requested 2020 MIPS flexibilities in communications with CMS.

The application is open now and can be completed online:

1. Visit the application website
2. Click "Apply" under "Extreme and Uncontrollable Circumstances Exception Application Window is Now Open"
3. Choose the "Extreme and Uncontrollable Circumstances Exception Application"

NYSPMA Legal Tip: Employer Obligations for Maintaining Records Related to Testing and Infection Risk Mitigation for Personnel.

By:  Matthew S. Feldman, Esq., General Counsel

On May 11, 2020, Governor Cuomo announced that the first phase of reopening
would begin on May 15, 2020 in several regions of New York State. As a part of the
reopening process, all New York State businesses, including those that were designated as essential under the Empire State Development Essential Business Guidance, were directed to develop a written Safety Plan detailing the measures they will be taking to prevent the spread of COVID-19 workplace. As essential businesses, all small medical practices in New York State must adopt compliant Safety Plans to prevent the spread of COVID-19 in the workplace.

As medical practices eagerly progress through the reopening process, providers are
tirelessly working to protect the health of their employees by implementing compulsory
screening procedures to monitor and prevent the spread of COVID-19 among employees
in the workplace. Now more than ever, careful record-keeping of private employee health
information is critical to ensure compliance with all relevant federal and state laws and to
mitigate potential liability during the COVID-19 pandemic.

CDC Recommended Screening Protocols For Healthcare Workers
The U.S. Centers for Disease Control Prevention (“CDC”) has issued guidance
detailing several recommended strategies for preventing exposure of at-risk patients and
staff to symptomatic COVID-19 positive healthcare workers. The "in-person active"
strategy for monitoring healthcare workers involves requiring all healthcare workers to report
for an in-person evaluation of symptoms and fever prior to each shift. If symptoms
consistent with COVID-19 are reported or observed, healthcare workers are provided with
immediate follow-up actions....

 READ THE REST OF THE LEGAL TIP HERE

Additional Resources from Mathew Feldman:

• COVID-19 Employment Law Webinar 
• Coronavirus in Employment Law Letter
•  COVID Educational Resource PowerPoint
• Re-Opening waiver to use in your practice.

   Download here

Mr. Feldman is available for legal consultation if needed and can be reached by phone at (716) 852-5875 or by email at MFeldman@feldmankieffer.com

Why you Should Enroll Early in NYSPMA Legal Benefits Plan

[New Benefits & Huge Vale]

NYS-Compliant (Annually Mandated) Anti-Sexual Harassment Training,

Discounted & Included Legal Counsel

Included Legal Documents, Web Access & More

As General Counsel to NYSPMA and a partner in the law firm of Feldman Kieffer LLP, we are privileged to provide the legal services that support and protect members who enroll in the Legal Benefits Plan (“LBP”). As many members know, the LBP was known as “PPP”, before the COVID-19 era redefined PPP as a complex SBA loan and grant program created by The Coronavirus Aid, Relief, and Economic Security (CARES) Act. Since March, when the CARES Act was signed into law, LBP members have availed themselves of our counsel on the impacts of and compliance requirements for this new legislation, including the Provider Relief Funds it made available to most CMS participating providers. We anticipate additional legislative action at the state and federal level in response to the pandemic, and that the coming year will bring new questions and compliance concerns for members, as employers, employees, independent contractors, and potential buyers or sellers of podiatry practices.

As we proceed to discover, adapt and thrive in what our General Counsel emeritus refers to as the “New Abnormal”, we are poised to continue assisting members in navigating the challenges associated with practicing podiatry, made more complex by the pandemic. The next LBP plan year commences August 1, 2020, and will remain an important tool and layer of defense for members who enroll, providing access to counsel and important legal benefits as audits resume and employment-related claims spike. Members who enroll during the early enrollment period, on or before July 15, 2020, will receive the following additional benefits:

1. A one-hour consultation with Feldman Kieffer LLP on legal matters related to the COVID-19 Pandemic.
2. Forms including an updated Business Associate Agreement and Notice of Privacy Practices for HIPAA compliance purposes.
3. Updated written sexual harassment policy and training guidelines to comply with NY’s new annual mandatory requirements for all employers.
4. Access to legal counsel every single day.

These early-enrollment benefits are in addition to the membership benefits that have always made the plan valuable to members, including legal defense, in accordance with the plan, for:

•         Reimbursement Demands by an HMO or Insurance Company.
•         Reimbursement Demands by New York State or Federal Regulatory Agencies including Medicare and Medicaid.
•         Administrative Proceedings and Investigations before the New York State Education Department, Office of Professional Discipline.
•         Protection for HIPAA and OSHA complaints and compliance.
•         Workers' Compensation Administration issues.
•         Investigation and proceedings before IPRO.
•         Investigations and proceedings by the OCR (Office of Civil Rights).
•         Identity theft issues.
•         New York State Sales Tax Bureau.
•         New York State Department of Labor Employee Classification Bureau.
•        Defense of allegations of discrimination before The New York State Division of Human Rights and before The U.S. Equal Employment Opportunity Commission.
•         VIP Portal exclusively for LBP Members for legal resources you need in your practice.
•         Interactive Online Sexual Harassment Training for LBP members and their staff offered 2x annually
•        Concierge billing rates when retaining Feldman Kieffer’s professional services in any matter. 

Early Enrollment applications are available HERE.

Terms and conditions of participation in the LBP available HERE. (and will be mailed to members).

Please do not hesitate to contact me by email or phone with any questions or concerns.

Matthew Feldman

Showcase your Media Activity on NYFOOTHEALTH!

Two years ago, NYSPMA created a wonderful consumer website, NYFOOTHEALTH and would like to enhance it by adding any press activity (i.e.media interviews, podcasts, etc) with which our members have been involved. The Public Education and Information Committee, chaired by Dr. Stephanie Hook, will review all material prior to us posting it. We will also push out on NYFOOTHEALTH's other social media feeds. We know several members have been tapped by various media outlets for podiatric related conditions for the general public.  We would love to have the opportunity to collectively showcase and advance the profession while educating the public about podiatry and foot health.

Please copy and paste this on your Facebook page.

We would like to invite everyone to "like" NY Foot Health's Facebook page. https://www.facebook.com/NYFootHealth/ With NY Foot Health, New Yorkers have a resource for foot and ankle health care information. Our organization gives you access to expert advice for all podiatric care and treatment from the podiatrists of the New York State Podiatric Medical Association (NYSPMA).
Check out our website for a free newsletters sign up and read our blog page too. NYFootHealth.com