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Brain Injury

Who thought managing a work force could get more interesting? COVID-19 has changed how we live and work. This year, GKH’s employment law Attorneys Jeff WorleyLindsay O’Neil and Ian Brinkman will be presenting the 2020 breakfast remotely. Throughout the pandemic, GKH’s attorneys have brought you up to date information. This year’s seminar will of course address COVID – there is no getting around it. But there are a lot of other things going on in the employment law arena.

We invite you to bring your own breakfast, and join us for a free Zoom webinar with updates on current employment issues, including:

  • Productivity, engagement, and other issues with remote employees
  • Mental health concerns and the ADA and the FMLA
  • Recent and notable court decisions
  • Title VII as it pertains to sexual orientation and gender identity

Pre-registration is required for the Zoom webinar. Please be advised that some portions of this seminar will be recorded and posted on the internet for viewing by the general public. By preregistering, you consent to your participation in the seminar being included as part of the recording that will be posted on the internet following the seminar.

The Statewide Provider Partnership meeting will be held on Thursday, October 22, 2020, from 1:00 pm to 4:00 pm. This meeting is open to all employment service providers in Pennsylvania. Please see the agenda and the “Meeting Question and Comment Form,” which is an important document for you to use before, during, and after the meeting. Please take the time to review it, as it includes the specific areas we hope to discuss during the meeting, and it will be critical to ensure that your feedback and questions are received if we run out of time during the meeting. Consider preparing answers to the questions beforehand, and adding to it if necessary, during the meeting. We want to make sure everyone has a chance to provide input, either during the meeting or after!

Please feel free to email if you have any questions or concerns. Register for the meeting here.

The Department of Human Services (DHS) today reminded people needing Federal Bureau of Investigation (FBI) criminal history background checks as a condition of employment that the December 31 deadline to obtain this clearance is approaching, and strongly encouraged anyone needing this clearance to start the process now. Earlier this year, Governor Wolf signed Act 18 of 2020, which extends the time period for certain professions required by the Child Protective Services Law (CPSL) to obtain an FBI background check upon hiring…”

In order to receive an FBI background check, fingerprints must be submitted as part of the criminal history check. Fingerprint scans can be taken at an IdentoGO location in the Commonwealth. A map of all open IdentoGO locations is available here, and this map is updated as new offices begin to reopen. Anyone seeking fingerprinting services should call IDEMIA’s customer service at 844-321-2101 to ensure the location is still operating, schedule an appointment, and discuss necessary COVID-19 safety precautions.

If employers have a large number of employees needing new or renewed clearances, arrangements can be made to have fingerprinting occur at the workplace. Mobile fingerprinting services are available for an additional fee through IDEMIA for groups of 20 or more needing clearances. Agencies with this need should contact IDEMIA to schedule.

Under Act 18 of 2020, individuals who are required to obtain an FBI background check were given additional time to meet this requirement because of closures caused by the COVID-19 pandemic. The extension for new hires to obtain the FBI background check lasts until 60 days following the expiration of the disaster emergency declaration issued by Governor Wolf or December 31, 2020, whichever is sooner. Individuals seeking a renewal of the FBI Criminal History Background Check have until December 31, 2020 to obtain the check. All individuals required to obtain additional clearances, including the Pennsylvania State Police Criminal Record Check and the Pennsylvania Child Abuse History Clearance, must still obtain these clearances prior to employment. Both of these clearances can be obtained online.

Act 18 of 2020 applies to individuals who must get their FBI Criminal History Background Check prior to beginning employment as found in Section 6344 of the CPSL and those individuals required by Section 6344.4 of the CPSL that are due to have their fingerprint checks renewed. The law does not extend the fingerprinting and background check requirement for new volunteers under the CPSL, public school employees prior to employment, and others required to receive FBI background checks under different departments.

If you have any questions, please contact RCPA Children’s Division Director Jim Sharp.

a memo is on the keyboard of a computer as a reminder: meeting

The Managed Long-Term Services and Supports (MLTSS) Subcommittee meeting transcript from the October 7, 2020 meeting has been posted. The next MLTSS Subcommittee is scheduled for Wednesday, November 4, 2020 from 10:00 am – 1:00 pm and will be held via webcast. The information to participate is available below:

Today, the Centers for Medicare and Medicaid Services (CMS) announced they have expanded the list of telehealth services that Medicare Fee-for-Service (FFS) will pay for during the COVID-19 public health emergency (PHE). CMS is also providing additional support to state Medicaid and Children’s Health Insurance Program (CHIP) agencies as a part of their efforts to expand access to telehealth.

CMS is adding eleven new services to the Medicare telehealth services list since the initial publication of the May 1, 2020 COVID-19 interim final rule (IRF) with comment period. Medicare will begin paying eligible practitioners who furnish these newly added telehealth services effective immediately, and for the duration of the PHE. These new telehealth services include certain neurostimulator analysis and programming services, and cardiac and pulmonary rehabilitation services.

In an effort to provide greater transparency on telehealth access in Medicaid and CHIP, CMS is releasing, for the first time, a preliminary Medicaid and CHIP data snapshot on telehealth utilization during the PHE. This snapshot shows, among other things, that there have been more than 34.5 million services delivered via telehealth to Medicaid and CHIP beneficiaries between March and June of this year, representing an increase of more than 2,600% when compared to the same period from the prior year. The data also shows that adults ages 19-64 received the most services delivered via telehealth, although there was substantial variance across both age groups and states.  Additionally, CMS is releasing a new supplement to its “State Medicaid & CHIP Telehealth Toolkit: Policy Considerations for States Expanding Use of Telehealth, COVID-19 Version,” which provides numerous new examples and insights into lessons learned from states that have implemented telehealth changes. This updated information is intended to assist states strategically think through how they explain and clarify to providers and other stakeholders which policies are temporary or permanent. It also helps states identify services that can be accessed through telehealth, which providers may deliver those services, the ways providers may use in order to deliver services through telehealth, as well as the circumstances under which telehealth can be reimbursed once the PHE expires.

The toolkit includes approaches and tools states can use to communicate with providers on utilizing telehealth for patient care. It updates and consolidates in one place the frequently asked questions and resources for states to consider as they begin planning beyond the temporary flexibilities provided in response to the pandemic.