Medigram, the Society’s electronic newsletter for physicians, features timely news, upcoming events, answers to frequently asked questions and all the information you need to know to make your practice run more efficiently. Topics include legislative updates, legal information, practice management information, government regulations, and much more. Published weekly, Medigram is delivered via email on Thursdays.

If you have a Medigram story idea or would like to offer feedback, please email us or call 866.442.3800.

Legislature votes on COVID-19 package
Yesterday the Legislature passed and Governor Evers signed a package (Act 185) aimed at dealing with the COVID-19 pandemic.

Governor Evers extends Safer at Home order
Earlier today Governor Evers extended the state’s Safer at Home order until May 26.

Society signs on to support Phase 4 proposals
Earlier this week the Wisconsin Medical Society signed on to a joint letter with the AMA and other state medical societies outlining specific areas where Congress could take additional action in light of the COVID-19 pandemic.

DEA issues temporary exceptions for controlled substances
Late last week the Drug Enforcement Agency (DEA) issued new guidance regarding temporary flexibilities on the handling of controlled substances by satellite hospitals and clinics.

State epidemiologist Ryan Westergaard to participate in next CMO virtual call
Over the past three weeks, peers from a statewide community of Chief Medical Officers and other physician leaders have communicated virtually to exchange ideas and resources on the topics surrounding the COVID-19 pandemic during a series of virtual meetings.

Medical Examining Board update
The Medical Examining Board (MEB) met on Wednesday this week and the primary topic of discussion was COVID-19.

Recommended by Wisconsin Medical Society CEO Bud Chumbley, MD, MBA

 

Washington state is looking ahead to next steps as the curve of new COVID-19 cases seems to be flattening. However, health officials warn that lifting social distancing restrictions too soon could cause COVID-19 cases to rebound to even higher levels.

This Seattle Times article explores the options for moving forward until lifesaving treatments and vaccines are developed.

 

Legislature votes on COVID-19 package

Yesterday the Legislature passed and Governor Evers signed a package (Act 185) aimed at dealing with the COVID-19 pandemic. The package contained a myriad of proposals, but focused primarily on health care, unemployment and schools. The Wisconsin Medical Society (Society) advocated for many of the health care proposals contained within this package.

Primary amongst the health care proposals were:

  • civil liability safe harbors for health care professionals
  • temporary licenses for retired health care workers and those working across state lines
  • medical liability insurance for those practicing under a temporary license
  • provisions for an 1135 Medicaid waiver
  • patient protections for patients with a COVID-19 diagnosis
  • temporary suspension of licensure renewal requirements (includes CME requirements)
  • temporary prescribing provisions

However, the bill did not contain many new funding appropriations as had been initially proposed in the Governor’s package.

Civil Liability Safe Harbors

The civil liability safe harbor grants physicians and many other health care workers immunity from civil suits in relation to their actions or omissions in delivering care during the pandemic. The duration of the immunity extends 60 days past the end of Governor Evers’s initial Safer at Home order. This provision is critical as physicians are providing care to patients for a diagnosis for which there is currently no approved treatment or vaccine and the standard of care has been dramatically impacted due to recommended changes in practice guidelines. Additionally, the language of the provision is intended to be broadly applicable to the temporary changes in practice and standards of care in response to the COVID-19 pandemic. The Society collaborated with the Wisconsin Hospital Association to include the safe harbor provision in the bill; and thanks the Wisconsin Academy of Family Physicians, Wisconsin Chapter of the American College of Emergency Physicians, Wisconsin Psychiatric Association, Wisconsin Society of Anesthesiologists, Wisconsin Chapter of the American Academy of Pediatrics and the Wisconsin Radiological Society for their help as well.

Temporary Licenses and Medical Liability Insurance

The bill also codifies the Governor’s executive order to create temporary licenses for retired physicians and other health care workers such as nurses, physician assistants, pharmacists, dentists and others. Those wishing to reenter the workforce had to have a license within the last five years and never had their credential revoked, limited, suspended or denied renewal. A similar license was also created for physicians from other states who have a valid license granted by another state or territory and are determined to be fit to practice pending a background investigation. The duration of the temporary licenses extends for 30 days past the end of the Governor’s Safer at Home order. Coupled with this temporary license is a provision that requires and allows providers to obtain medical professional liability insurance during the emergency declaration.

1135 Waivers

1135 waivers are a way for states to modify certain Medicare, Medicaid or CHIP requirements during a declared national emergency to meet the needs of populations affected by the emergency. Regarding Wisconsin’s 1135 waiver the legislature approved allowing providers to receive Medicaid payments for services rendered in alternative settings, waived various fees and bureaucratic procedures, waived prior authorization for covered Medicaid benefits, increased flexibility for teaching physicians via audio/video access and waived sanctions on limitations for physician referral. Also included in the waiver are policies related to long-term care facilities and the removal of limitations placed on the Family Care, IRIS and Children’s Long-Term Supports programs. In addition, the bill temporarily suspends the work requirements, premiums and health screening requirements for Medicaid’s childless adult population. These provisions were a part of the state’s renewal of its 1115 demonstration waiver last year, and in suspending their implementation, allows the state to receive an additional 6.2 percent in federal match for Medicaid as enacted by the Family First Coronavirus Response Act.

Patient Protections

The bill also contains several patient protections related to COVID-19 and temporary prescribing guidelines intended to reduce administrative burdens on physicians. Under the bill insurers can’t discriminate against patients with a COVID-19 diagnosis, nor can they apply any cost-sharing for COVID-19 testing or require prior authorization for prescription refills (with the exception of controlled substances) during the emergency declaration.

Reducing Physicians’ Burdens

Pharmacists will be allowed to extend a patient’s prescription without a physician’s order provided the physician does not explicitly state there can be no renewals and the prescription is not a controlled substance. Pharmacists are limited to extensions for a 30-day supply, may only extend the prescription once during the emergency declaration and must notify the prescriber of the extension in a reasonable timeframe. Additionally, the package allows various departments and boards to suspend licensure renewal requirements during the declared emergency. This includes the payment of any fees or continuing medical education requirements that would have applied during the emergency and ends 60 days after the declaration is no longer effective.

Also contained in this bill is a provision that temporarily suspends surprise billing. However, insurers will have to pay out-of-network providers 225 percent of Medicare and can’t charge a patient for more than they would have paid in network.

The bulk of these proposals (with the exception of the surprise billing provision) are the result of sustained advocacy and activity from the Society and its members during this pandemic. The package is also the result of collaboration and partnership between multiple health care organizations and stakeholders.

Please contact HJ Waukau for additional information.

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Governor Evers extends Safer at Home order

Earlier today Governor Evers extended the state’s Safer at Home order until May 26. The extension relaxes some parameters of the original Safer at Home order and includes guidelines and considerations for when it would be safe and prudent to begin rolling back social distancing procedures and reopening the economy.

The Society expressed its support for the extension in a letter cosigned by a broad coalition of health care groups.

If you have questions, please contact HJ Waukau.

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Society signs on to support Phase 4 proposals

Earlier this week the Wisconsin Medical Society signed on to a joint letter with the AMA and other state medical societies outlining specific areas where Congress could take additional action in light of the COVID-19 pandemic. Such proposals as outlined in the letter we would be part of the “Phase 4” package that Congress is currently considering.

The letter calls for Congress to:

  • create broader civil liability protections for physicians in addition to those that were enacted for volunteers and which exist under various public emergency laws
  • enact proposals for financial assistance for physicians and their practices related to direct financial support, increases to Medicare and Medicaid payment rates and small business loans
  • ensure ERISA insurance plans to have the same coverage for telehealth services as Medicare and Medicaid, loan forgiveness for residents and students and hazard pay provisions

The Society will continue to monitor these issues as they work their way through Congress.

Please contact HJ Waukau with questions.

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DEA issues temporary exceptions for controlled substances

Late last week the Drug Enforcement Agency (DEA) issued new guidance regarding temporary flexibilities on the handling of controlled substances by satellite hospitals and clinics. The letter specifies the exceptions and lists two sets of conditions a non-registered alternate satellite hospital/clinic must meet in order to receive controlled substances.

The first set of conditions pertains to what a DEA registered hospital/clinic needs to do to implement and handle controlled substances at a non-registered alternate satellite hospital/clinic. The second set relates to the delivery and receipt of the controlled substances at a non-registered alternate satellite hospital/clinic.

The DEA also sent out a second letter, which details exceptions and conditions to signature requirements for the receipt of delivery of controlled substances in response to concerns about social distancing guidelines.

Please contact HJ Waukau if you have questions.

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State epidemiologist Ryan Westergaard to participate in next CMO virtual call

Over the past three weeks, peers from a statewide community of Chief Medical Officers and other physician leaders have communicated virtually to exchange ideas and resources on the topics surrounding the COVID-19 pandemic during a series of virtual meetings. Special guests have included Jonathan Jaffery, MD, Chief Population Health Officer, President, UW Health Accountable Care Organization and DHS Secretary Andrea Palm.

Due to the success and requests from participants for additional calls, the Society is extending these meetings in order to continue the conversation and collaboration amongst physician leaders across the state. The next call will feature DHS Chief Medical Officer and Wisconsin’s state epidemiologist Ryan Westergaard, MD, PhD, MPH.

For more information, please contact [email protected].

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Medical Examining Board update

The Medical Examining Board (MEB) met on Wednesday this week and the primary topic of discussion was COVID-19. The MEB commented on the success of the inclusion of the civil liability safe harbor in the legislative package that passed this week and the partnership between the Wisconsin Medical Society and Wisconsin Hospital Association. The liability provision will apply broadly and is intended to address changes in the standard of care during the COVID-19 pandemic.

In addition, representatives from the Department of Safety and Professional Services briefed the MEB that all of the relevant emergency orders and licensing information is available on its main web page. Also discussed were some potential changes to the limited licenses created by the Governor’s orders for physician assistants.

Lastly, Ken Simons, MD, current Chair of the MEB, is running for Chair-Elect of the Federation of State Medical Boards. The election will be held on May 2.

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