Search   |   Print Page   |   Contact Us   |   Sign In   |   Join or Register as Non-Member
Legislative Corner
Share |

Legislative Corner

May 15, 2020 Update Summary - Linda Siegle
Public Health Orders

A Public Health Order (PHO) issued on April 20 officially authorized medical offices to open up to provide previously defined non-essential services. NMNPC provided these guidelines for medical offices, OT and PT clinics to members.

A new PHO issued on May 1 slightly opens up various businesses and requires everyone to wear a mask at all times in public:

  • State parks and outdoor recreation guides can open.
  • All retailers, offices and call centers can open at 25% code occupancy.
  • Houses of worship can open at 25% occupancy.
  • No wholesalers, theaters, concert halls or amusement parks can open.
  • In all settings, individuals must practice social distancing.
CMS Rules Under the CARES Act

The authority for NPs to order Home Health Care is finally in effect after years of legislative efforts. The CARES Act and the CMS rule make it effective permanently backdating to March 1, 2020.

Section 3708 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. No. 116-136) amended sections 1814(a) and 1835(a) of the Social Security Act to allow nurse practitioners (NPs), certified clinical nurse specialists (CNSs), and physician assistants (PAs) to certify beneficiaries for eligibility under the Medicare home health benefit and oversee their plan of care. This is a permanent change that will continue after the Public Health Emergency. Effective for claims with dates of service on or after March 1, 2020, these non-physician practitioners may bill the following codes:

  • G0179: Physician re-certification for Medicare-covered home health services under a home health plan of care (patient not present), including contacts with home health agency and review of reports of patient status required by physicians to affirm the initial implementation of the plan of care.
  • G0180: Physician certification for Medicare-covered home health services under a home health plan of care (patient not present), including contacts with home health agency and review of reports of patient status required by physicians to affirm the initial implementation of the plan of care.
  • G0181: Physician supervision of a patient receiving Medicare-covered services provided by a participating home health agency (patient not present) requiring complex and multidisciplinary care modalities involving regular physician development and/or revision of care plans.

The Act authorizes NPs to supervise the performance of diagnostic tests when performed by other clinicians for the duration of the Public Health Emergency.

Special Session

There will be a special session in June; the governor has not yet announced the date. We anticipate that it will be during the period of June 11-15. Redoing the state budget for July 1, 2020 through June 30, 2021 is the primary purpose of the special session, although we understand there may be a few substantive bills. One bill may address the lack of insurance for essential workers like child care providers, grocery staff, first responders and others. In addition, another bill may provide relief on penalties and interest for late payments of property and GRT taxes. Perhaps if there is agreement between the Democrats and the Republicans, there may be a bill introduced that addresses mail-in-ballots for the general election (not likely).

The budget situation is dire. The current state budget of $7.6 billion is between $1.8 billion and $2.1 billion in the hole. There will have to be cuts in department budgets as well a possible repeal of the $320 million early childhood fund, sweeping all the general fund capital outlay and cutting the salary increases for education and state employees. It all remains to be seen.

Please feel free to email or call me with any questions. Lsiegle1@msn.com • 505.690.5850

Legislative Issues & Concerns
APRN Compact

The APRN Compact proposed by the National Council of State Boards of Nursing (NCSBN) presents significant issues for NPs and other APRNs in New Mexico. The NMNPC Board of Directors worked with our lobbyist, Linda Siegle, to analyze the Compact and present the key problems identified. Click below to read the final proposed Compact and the NMNPC analysis.

American Association of Nurse Practitioners

Go to the AANP Advocacy Center for more information & to take action on the following current issues.

  • S296 & HR2150: Home Health Care Planning Improvement Act of 2019
  • S237 & HR808: Promoting Access to Diabetic Shoes Act

Calendar











Association Management Software Powered by YourMembership  ::  Legal