Provided by: Jennifer Kirschenbaum, Esq.
March 21, 2020
I've spent this week listening. Listening to morbidity and infection rates. Listening to stimulus packages. Listening to thought leaders and CEOs. Listening to practice owners. Listening to employees. Listening to people. What does the government and society want you to do? Open, Close, Fight, Hide? That is what practice owners want to know. Should I close and maintain my cash position to reopen? Should I keep my doors open and pretend the pandemic is not happening with no changes (no one thinks this one)? Should I shut my doors and run into a nearby hospital and volunteer? Is there a middle ground?
Here is what I see from the executive orders and societal fabric we have in this Country - Every provider on this list serve is deemed essential by New York State and the Federal Government - so, Society (every provider and every staff member you need to do your job, are ESSENTIAL). See below, the laws are there. You all qualify as "Essential". As NECESSARY to reduce hospitalizations, to maintain the health and safety of our population, to do your part to "flatten the curve". The government expects healthcare providers to continue rendering medically necessary and emergency care - root canals, melanomas, wound care, eye styes, bowel obstructions, strep throat ETC.
But, what does that mean? Are you expected to keep doors open, burn cash and burn your prospect of maintaining your own business in order to make it through the next 2-8 weeks? There has to be a middle ground, and that is what we have to find. What is the right balance for your practice. Do you close this coming week, all week, stemming the tide, and then open for 1-2 days the week after, then maybe 3-4 the week after that? In the meantime do you terminate or "furlough" employees? Perhaps.
Decisions must be made. Protocols must be developed for when your doors are open to protect you, your staff and your patients from unnecessary public health risks. Messaging must be developed for staff, which can be fluid. Let's chart your path for the next few weeks. A few tips - Call all third parties and look to negotiate. Let's trim down where we can. The next few weeks will be a trying time for us all. On my end, I promise to stay on top of all government subsidies relevant to employers and employees, and to continue to advise and assist where our team can.
Question 1 - I'd like to hear who has confirmed which carriers are OPEN FOR BUSINESS AND PAYING CLAIMS this week and the foreseeable future. PLEASE EMAIL ME!
Question 2 - Any Volunteers for an open panel discussion later this week on developments and advice for practice owners? We can organize and send out invites. Let me know if anyone wants to participate.
New York State - For purposes of Executive Order 202.6, “Essential Business,” means:
Under Federal Law (adopted by California) -
Here is what I see from the executive orders and societal fabric we have in this Country - Every provider on this list serve is deemed essential by New York State and the Federal Government - so, Society (every provider and every staff member you need to do your job, are ESSENTIAL). See below, the laws are there. You all qualify as "Essential". As NECESSARY to reduce hospitalizations, to maintain the health and safety of our population, to do your part to "flatten the curve". The government expects healthcare providers to continue rendering medically necessary and emergency care - root canals, melanomas, wound care, eye styes, bowel obstructions, strep throat ETC.
But, what does that mean? Are you expected to keep doors open, burn cash and burn your prospect of maintaining your own business in order to make it through the next 2-8 weeks? There has to be a middle ground, and that is what we have to find. What is the right balance for your practice. Do you close this coming week, all week, stemming the tide, and then open for 1-2 days the week after, then maybe 3-4 the week after that? In the meantime do you terminate or "furlough" employees? Perhaps.
Decisions must be made. Protocols must be developed for when your doors are open to protect you, your staff and your patients from unnecessary public health risks. Messaging must be developed for staff, which can be fluid. Let's chart your path for the next few weeks. A few tips - Call all third parties and look to negotiate. Let's trim down where we can. The next few weeks will be a trying time for us all. On my end, I promise to stay on top of all government subsidies relevant to employers and employees, and to continue to advise and assist where our team can.
Question 1 - I'd like to hear who has confirmed which carriers are OPEN FOR BUSINESS AND PAYING CLAIMS this week and the foreseeable future. PLEASE EMAIL ME!
Question 2 - Any Volunteers for an open panel discussion later this week on developments and advice for practice owners? We can organize and send out invites. Let me know if anyone wants to participate.
New York State - For purposes of Executive Order 202.6, “Essential Business,” means:
1. Essential health care operations including
- research and laboratory services
- hospitals
- walk-in-care health facilities
- emergency veterinary and livestock services
- elder care
- medical wholesale and distribution
- home health care workers or aides for the elderly
- doctor and emergency dental
- nursing homes, or residential health care facilities or congregate care facilities
- medical supplies and equipment manufacturers and providers
Under Federal Law (adopted by California) -
HEALTHCARE / PUBLIC HEALTH
- Workers providing COVID-19 testing; Workers that perform critical clinical research needed for COVID-19 response
- Caregivers (e.g., physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, speech pathologists and diagnostic and therapeutic technicians and technologists)
- Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.)
- Workers in other medical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers)
- Manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products
- Public health / community health workers, including those who compile, model, analyze and communicate public health information
- Blood and plasma donors and the employees of the organizations that operate and manage related activities
- Workers that manage health plans, billing, and health information, who cannot practically work remotely
- Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practically work remotely
- Workers performing cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely
- Workers conducting research critical to COVID-19 response
- Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely
- Workers who support food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, such as those residing in shelters
- Pharmacy employees necessary for filling prescriptions
- Workers performing mortuary services, including funeral homes, crematoriums, and cemetery workers
- Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental/behavioral health services to the family members, responders, and survivors of an incident