COVID-19
Legislative update
The Kansas Legislature will return for one day to finish its work on May 21, the last official day of the 2020 legislative session. Legislative leaders in both the House and Senate have authorized a number of committees to hold virtual meetings during the next two weeks for consideration of high priority issues they hope to address when the entire legislature returns. KMS continues to urge legislators to consider liability protections for health care providers and the passage of Senate Bill 493, which is KMS’s proposal in response to the Hilburn ruling. Both the Senate President and the House Speaker have identified liability issues for health care providers and businesses as a priority for the virtual committee work in advance of the full legislature returning. Governor Kelly has also expressed hope that an agreement could be reached around COVID-19-related liability protections for health care providers.
Governor to issue plan for reopening state, will extend emergency declaration
At her Wednesday press conference, Gov. Laura Kelly said she will announce plans for re-opening the state during a televised speech at 6:30 p.m. Thursday. She also indicated that she would not be extending the statewide stay-at-home order, which expires at midnight May 3. The governor also said that she would extend the state’s emergency disaster declaration by two weeks through May 14, preserving state eligibility for federal disaster relief. After that time, she said, the State Finance Council could extend it for an additional 30 days. In order for the emergency declaration to remain in place beyond June 13, she said the Legislature would need to extend it through a Concurrent Resolution.
Governor to issue reopening plan this week
At her Monday briefing, Gov. Laura Kelly said her administration would issue plans to reopen the state by Thursday, April 30, before the statewide stay-at-home order expires at midnight May 3. In absence of the statewide order, restrictive policies may be imposed as warranted by public health officials in individual counties. Gov. Kelly said KDHE Secretary Lee Norman, MD, will have authority to override local health officials. The governor also said that she discussed with White House officials on Monday the need to significantly improve the state’s testing capacity to help minimize the spread of the virus as public activity increases.
A message from KMS Executive Director Rachelle Colombo:
We have heard from many of you regarding the Governor’s executive order on medical services. Concerns about her authorization of unlicensed, unsupervised providers without malpractice coverage and questions about what protections are afforded to physicians are warranted and not yet easily answerable. Although KMS has made requests for liability protections both for COVID-19-related care and care which has been delayed or deferred due to COVID-19, Executive Order 20-26 does not reflect our requests or suggested provisions.
Governor issues medical services emergency order
Today, Gov. Laura Kelly announced Executive Order 20-26, a sweeping emergency order that eliminates all statutory provisions relating to supervision and delegation requirements for virtually all health care providers who are rendering COVID-19-related care. Among other things, the order removes all collaborative practice, supervisory, or protocol-based agreements between physicians and other health care providers (APRNs, PAs, LPNs, pharmacists, health care profession students, etc.), for any care provided during the COVID-19 emergency declaration period. The order states that health care providers can provide “medical services…without supervision from a licensed physician or nurse, without criminal, civil, or administrative penalty related to a lack of supervision or…a supervision agreement.”
KMS urges Gov. Kelly to implement financial and liability actions
Today, KMS again requested specific measures from Governor Laura Kelly regarding liability protection and financial support for Kansas physicians. To offset the financial strain facing most practices, KMS urged the state to implement long overdue increases in the Medicaid physician fee schedule. Physicians’ fees under Kansas Medicaid have for the most part been frozen since 2006, and in several cases have actually decreased. KMS believes Medicaid payment rates should be increased to have parity with Medicare payment rates. KMS also urged the Governor to extend liability protections to health care workers during the COVID-19 state of emergency.
KMS urges Gov. Kelly to issue executive order on liability amid COVID-19 pandemic
Today, KMS formally requested Governor Laura Kelly to join other state executives, such as New York Governor Andrew Cuomo, who issued an executive order providing immunity from civil liability to health care professionals for any injury or death alleged to have been sustained directly as a result of an act or omission by such professionals in providing medical services during the COVID-19 pandemic, unless such injury or death was caused by a professional’s gross negligence. KMS believes that physicians and other health care providers should not incur liability for care decisions or outcomes made during the public health emergency period when a physician’s judgment, for example, to provide medically appropriate diagnostic or therapeutic procedures is delayed or denied in order to preserve equipment, drugs, or other resources for COVID-19-related needs.
Board of Healing Arts COVID-19 guidance
The Kansas Board of Healing Arts (the Board) has posted guidance for physicians and other licensees on issues related to COVID-19. Among the issues covered are statements on the prescribing of hydroxychloroquine and the performance of non-urgent surgical and other procedures during the COVID-19 public health emergency. In response to inquiries from several members, KMS recently asked the Board to clarify if a physician could be disciplined for “off-label” prescribing of hydroxychloroquine, or for performing non-urgent or elective surgical or other procedures during this pandemic.
SBA $10,000 Advance Forgivable Loan (distinct from PPP)
Potentially forgivable loans are currently available under the Payroll Protection Program (PPP, see previous KMS update), but it is important that physician practices know that they are also now eligible for an Economic Injury Disaster Loan advance of up to $10,000. This loan advance will not have to be repaid. The loan advance will provide economic relief to businesses that are currently experiencing a temporary loss of revenue. Get more information and the application.
Financial Relief Available: CARES Act Podcast
While circumstances stemming from the COVID-19 virus are putting immense financial strain on physician practices, a major new source of federal aid is beginning this week. The “Coronavirus Aid, Relief, and Economic Security” (CARES) Act is the single largest relief package ever passed by Congress and there are a number of provisions that can help physician practices. In a previous update, we provided an overview of the CARES Act. Today, we are supplementing that information via a podcast discussion with Dan Murray, Kansas State Director of the National Federation of Independent Business. This 10-minute discussion provides a succinct outline of what physician practices need to be aware of in considering whether to apply for relief under the CARES Act. This is a time-sensitive federal program, so we hope you will take a few minutes to familiarize yourself with its provisions.
