Payers Seek National Recognition as Essential Businesses

As governors across the nation order nonessential businesses to close their doors as coronavirus spreads, payers are pushing to be officially recognized as “essential businesses.”

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In early March, the White House issued Coronavirus Guidelines, which included a request for essential businesses to allow employees to continue to come into work.

“If you work in a critical infrastructure industry, as defined by the Department of Homeland Security, such as healthcare services and pharmaceutical and food supply, you have a special responsibility to maintain your normal work schedule,” the White House guidelines stated.

Otherwise, however, the guidelines instructed those who are able to work from home to do so.

Thus, as of March 26, over half of the states in the nation (28) have taken measures to close nonessential businesses, according to ABC News.

In order to guide states and officials in making determinations about how to classify a business, the Cyber and Infrastructure Security Agency (CISA) released a list of businesses and officials may consider essential. However, CISA was very clear that this was strictly an advisory list, not mandated.

While many states include “insurance” as essential, the shut downs are state-initiated, so what businesses fall under “essential infrastructure” can vary.

In a letter to Larry Hogan, governor of Maryland and chair of the National Governors Association (NGA), America’s Health Insurance Plans and Blue Cross Blue Shield Association requested that health plans be recognized nationwide as essential to the country’s infrastructure.

The letter noted that payers are integral to the healthcare system in the financial services they provide as well as the care coordination functions, including telehealth options. Payers need to be available to offer cybersecurity for healthcare systems and continuous member engagement through this tumultuous time.

The payer organizations emphasized that they have taken steps to protect their employees by expanding telehealth options to supplement or replace in-person visits while the coronavirus remains at large.

“We are deeply grateful for your consideration and appreciate your urgent attention to keep health insurance providers open, operating safely, and supporting consumers and health care providers during this unprecedented time of health care challenges,” the payers concluded.

The principles by which CISA compiled its list of essential businesses led it to include workers from across fourteen industries.

It distinguished local, state, and federal government roles in the coronavirus response efforts and underscored that the CDC guidelines are paramount for all entities to follow.

Echoing the White House guidelines, CISA recommended that any employees able to work from home should do so.

When a business must have workers continuously on site in order to function and deliver its services, CISA suggested implementing strategies that limit interaction, for example creating a shift schedule that incorporates less overlap between employees.

Likewise, employers should implement pandemic plans or business continuity strategies.

“Delaying implementation is not advised and puts at risk the viability of the business and the health and safety of the employees,” CISA warned.

The agency recognized that “just-in-time” supply chains may require workers to be on site in order to continue company output.

CISA recommended communication lines between government emergency managers and businesses. Any communications between the two entities have to take into account the full geographical influence that a business can have and the scope of impact that may be disrupted by coronavirus-related policies.

Lastly, the agency urged that essential infrastructure workers should be enabled to work in different jurisdictions, in light of the geographical demands of the crisis.

The CISA List, released March 23, does consider as essential “workers that manage health plans, billing, and health information, who cannot practically work remotely.” Therefore, any states that adhere to the CISA guidelines will likely include these workers in their lists as well.