Yes. All international employees are permitted to work from home but with some visa statuses there may be reporting requirements specific to your visa status. See the visa-specific requirements below:
COVID-19 and end of PHE Compliance Updates
Compliance COVID-19 Public Health Emergency (PHE) Updates
Post-PHE updates: end of the COVID-19 PHE on May 11, 2023
The COVID-19 virus has invoked a number of regulatory changes at both federal and state levels. 香蕉直播 Office of Institutional Compliance remains diligent in monitoring these regulatory changes closely. To learn of updates regarding telehealth, HIPAA privacy & security, immigration compliance, billing and reimbursement, and vendor interactions, please click the tabs below.
HIPAA & Telehealth
On March 17, 2020, Office of Civil Rights (OCR) announced that it will exercise its
enforcement discretion and will not impose penalties for HIPAA violations against
health care providers that in good faith provide telehealth using non-public facing
audio or video communication products during the COVID-19 nationwide public health
emergency.
- HIPAA FAQs for Implementing Telehealth Services (added 3/30)
Other Resources
- HIPAA Considerations When Working from Home (added 4/03)
- Social Engineering Tips (added 3/26)
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- Best Practices for Zoom Conferencing (added 4/9)
Under the 1135 waiver, Medicare can pay for office, hospital, and other visits furnished via telehealth across the country and including in patient鈥檚 places of residence starting March 6, 2020. A range of providers, such as doctors, nurse practitioners, clinical psychologists, and licensed clinical social workers, will be able to offer telehealth to their patients. CMS will now allow for more than 80 additional services to be furnished via telehealth, and providers also can evaluate beneficiaries who have audio phones only.
-For post-PHE information, refer to End of PHE tab
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- Medicare Coverage and Payment of Virtual Services (CMS MLN Video)
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- (added 09/2022)
-Telemedicine Coding Chart & Tree for COVID-19 (added 04/2021)
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- (added 05/09/2022)
-For post-PHE information, refer to End of PHE tab
-Telemedicine Coding Chart & Tree for COVID-19 (added 04/2021)
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-Telemedicine Guidelines v1.3 (updated 04/2020
-(added 09/2022)
The escalating national crisis surrounding COVID-19 is resulting in unprecedented actions by the Dept. of Homeland Security (DHS), Dept. of Labor (DOL), and Department of State (DOS). Other countries are announcing travel restrictions, both internally and externally. Policies and procedures are changing rapidly -- and often daily -- and ICS is working diligently to keep up with these changes and ensure all employees maintain lawful immigration status. It takes time to digest the impact of these ongoing shifts in law and procedure, and we thank you for your patience. Be assure that we will continue to guide you correctly during this period of global stress.
DHS, DOL and DOS have issued visa status and other guidance for foreign students and employees. Exchange Visitors (J-1 and J-2) should read all emails sent directly from the DOS Visitor Program. DHS' immigration agencies (ICE, USCIS and CPB) provide updates on their websites and by email.
CBP News
Zoom Recordings - Immigration Q&A During & After COVID-19
- (Password: 8A$@?&1. The password ends with the period).
- April 23, 2020 meeting (No password needed).
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Immigration Q&A Regarding Work-From-Home Mandate
Q.1. Does my visa status allow me to work from home?
- F-1 and J-1 Students - Please let your DSO or ARO know that you are working from home. Your DSO/ARO will update your SEVIS record, if required, with the new worksite address. You must contact your DSO/ARO and update the worksite address again, when you return to on-campus employment.
- F-1 OPT or STEM OPT Workers - Please let your DSO or ARO know that you are working from home. Your DSO/ARO will update your SEVIS record, if required, with the new worksite address. You must contact your DSO/ARO and update the worksite address again, when you return to on-campus employment.
- J-1 Exchange Visitors (All Categories Except J-1 Students) - J-1 employees and non-employees who are working from home do not have to individually notify the Department of State. 香蕉直播 sent an Incident Report to the Dept. of State notifying the agency of each phase of our work-from-home procedures. The Dept. of State is aware that our J-1 employees and non-employees are working from home and we will update each SEVIS record with this information, if required.
- J-2 Exchange Visitors with an Employment Authorization Document (EAD) - J-2s with EAD do not have to notify the Dept. of State about changes in employment. This is because EAD is an optional benefit available to J-2s and not a requirement.
- Other Employees with Employment Authorization Documents (EAD) - Employees with EAD approval not related to OPT or STEM OPT, can choose to work or not work, so no reporting to USCIS is required.
- H-1B Employees - H-1B regulations allow for short-term placements outside of the worksite listed on your LCA. 香蕉直播 will take advantage of the 30-day short-term placement allowance, and will take advantage of the 60-day short-term placement allowance should the work-from-home mandate extend beyond April 18, 2020. For those interested, the regulation is at 20 CFR 搂 655.735. Please note that this regulation does not require 香蕉直播 to pay your travel, meals room and board because each H-1B employee is working from home.
Q.2. May I still extend my visa status?
Yes. ICS is working with departments to extend visa status if employment will continue past the current expiration date.
Q.3. USCIS suspended premium processing and I need an H-1B or O-1 approval in a few months. What will happen?
ICS will continue to file all H-1B and O-1 petitions. When the premium suspension is lifted, we will request premium processing. We are not going to overly-worry about this until 60 days before the H-1B or O-1 start date because we anticipate that the suspension will be lifted in the next few weeks.
USCIS is aware that H-1B and O-1 approvals are needed for upcoming employment, especially for medical providers. If necessary we will use option if the job duties meet the criteria. Not all of 香蕉直播's positions meet the criteria for an so we will still join with other institutions to press for the premium processing suspension to be lifted.
Q.4. Should I travel outside the USA?
No. We do not know when travel bans or shelter-in-place policies will be implemented in any country so it is best to stay where you are at this time. If you have a travel emergency, please contact ICS and report your travel on the Institutional Health website.
Also, because all US consulates have suspended regular operations and in-person appointments, you may find it impossible to get a new visa in a timely fashion, if you need one before returning to the USA. Travel abroad, or even out of Texas, is not advised at this time.
Q.5. I鈥檓 in H-1B status working under my Conrad 30 J-1 Waiver. The program doesn鈥檛 allow the physician to do telemedicine. My worksite has reduced clinical hours and I鈥檓 not doing telemedicine. Will this be a problem?
The Conrad 30 program didn鈥檛 envision the problem of a global pandemic so none of the regulations address the situation we are now experiencing. However, even though a Conrad 30 slot is not available to physicians who will only practice via telemedicine, it does not mean that telemedicine isn鈥檛 permitted.
Conrad 30 physicians must physically reside in the medically underserved area and provide in-person medical services for at least 40 hours per week. As long as those two requirements are met, additional hours can be spent in telemedicine.
We are waiting for USCIS to confirm that no Conrad 30 physician will be required to extend their Conrad 30 commitment because of reduced clinical hours. All Conrad 30 physicians should keep a record of their in-person work hours and report clinic and hospital hours to ICS at ICS@ttuhsc.edu. We will update this answer as we receive additional information.
Q.6. I need to extend my DS-2019, how will I get the new one?
ICS is extending all DS-2019s when the departments request an extension. We are not permitted to send DS-2019s by email or fax, and each document must have a "wet ink" signature. We will leave all signed DS-2019s in the department mailbox and send an email to the J-1 and department administrator when the document is left with Mail Services.
Q.7. My J-1 program is reaching it maximum duration in a few months. Can I get an extension based on the State Department's recent announcement?
The State Department recently announced that all exchange visitor programs that end, due to maximum duration, between April 1 - May 31, 2020 can be extended for 60 days. The 60 day period is to allow "exchange visitors the opportunity to complete either their educational or training programs, or continue to finalize travel plans to return home." This benefit is only for J-1s whose have reached the maximum duration of their program.
The benefit is only available to exchange visitor programs that end between April 1 - May 31, 2020. If your J-1 program ends at a later date, this benefit is not guaranteed. We believe the State Department will announce further extensions If the COVID-19 crisis requires that this benefit be extended.
Q.8 Is ICS suspending any immigration filings?
No. USCIS has not automatic extensions of visa status so we are continuing to file our immigration petitions and extensions to ensure that no employee falls out of status or is unable to work. Employees will notice one change with the Employee Questionnaire. ICS is no longer using the PDF questionnaire and employees will be given access to eImmigration our immigration case management system. The employee questionnaires will be accessed electronically and employees will upload the documents we request directly to eImmigration. Department administrators will continue to use the PDF Department Questionnaire; nothing has changed for the departments.
Q.9 May I accept the Stimulus Payment without triggering a public charge determination?
Yes. If you qualify to receive the Stimulus payment you can accept it. The federal stimulus payment is not a federal or state benefit that you received because your specific financial situation was reviewed and you were found to need public benefits. The stimulus payment is given to every tax filer who had an adjusted gross income of $75,000 or less ($150,000 or less for married filing jointly) on the 2019 or 2018 federal tax return. The payment is not a public charge benefit and it does not have to be repaid. Also, the payment will not reduce any tax refund you are expecting in 2019.
IRS FAQs are at .
Q.10 How do I know if I qualify for the Stimulus Payment?
The stimulus payment is only available to persons who qualify as resident-aliens-for-tax-purposes. An international person qualifies for resident-alien-for-tax-purposes based on visa status and any exemptions or requested tax treaty benefits. Please review your Glacier international tax record to confirm whether you are a resident-alien-for-tax-purposes or nonresident-alien-for-tax-purposes.
If you are a nonresident-alien-for-tax-purposes and accidentally or incorrectly filed your tax return(s) as a resident-alien-for-tax-purposes, the IRS will likely incorrectly send you a stimulus payment. This will create two problems for you: first, that you filed taxes incorrectly and may owe the IRS fines and penalties; and second, you are receiving a stimulus payment that you are not entitled to have. If you believe this is situation applies to you, please contact ICS, TTU Tax or a tax preparer who has experience with nonresident tax filings. Do not compound the tax filing error or delay in fixing your tax filing.
Q.11 May I accept medical benefits such as reduced or free medical care for COVID-19 treatment without triggering a public charge determination?
USCIS has also made clear that nonimmigrants who obtain medical treatment and accept medical benefits due to COVID-19 will not be negatively affected by the public charge review. If you are concerned about anything changing, please print or save the USCIS information.
Stark Law Blanket Waivers
On March 30, 2020, the Secretary of Health and Human Services issued 18 blanket waivers
of enforcement of the Stark law under his 1135 waiver authority. These waivers provide
vital flexibility for physicians and providers in the fight against COVID-19.
- Stark Law Blanket Waivers During COVID-19
Anti-Kickback Statute Enforcement Discretion
On April 3, 2020, Office of Inspector General (OIG) released a Policy Statement indicating
OIG will exercise its enforcement discretion not to impose administrative sanctions
under the federal Anti-Kickback Statute (鈥淎KS鈥) for certain financial arrangements
related to COVID-19 purposes that are covered under the Stark Law Blanket waivers
issued by the Secretary of the U.S. Department of Health and Human Services on March
30, 2020.
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Controlled Substances
In response to the COVID-19 public health emergency declared by the Secretary of Health
and Human Services, the Drug Enforcement Administration (DEA) has adopted policies
to allow DEA-registered practitioners to prescribe controlled substances to patients
for whom they have not conducted an in-person medical evaluation.
- Controlled Substances Prescribing During COVID-19
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Vendor Access Policy Update
In response to COVID-19, 香蕉直播 has implemented a restricted vendor access policy
to include only essential core functions and critical services. Currently, all non-essential
vendors should conduct business remotely. Only essential vendors may come onto 香蕉直播
premises, but only with prior approval by your 香蕉直播 point of contact. 香蕉直播 has
also implemented additional safeguards to help protect the health and safety of vendors
and our institution. Please review the following document for details.
- Vendor Access Policy Update (added 4/8/20)
- Vendor Access Policy Update Presentation (Meeting on 4/10/20)
CMS Open Payments Program Update
Open Payments is a federal program that collects and makes information public about
financial relationships between the health care industry and physicians and teaching
hospitals. CMS publishes this data twice annually: Initial Publication (June 30 of
each year) and Refresh Publication (early part of the calendar year after submission). Physicians
have 45 days starting April 1st to review and dispute.
The Review & Dispute period, during which physicians could review and dispute the
2019 data reported about them, ended May 15th, 2020. There will be some changes to
the CMS Open Payments Program in 2021. In 2021, data will be collected about nurse
practitioners, PAs, CRNAs, etc. Please see the details summarized in the following
document:
- CMS Open Payments 2020
Compliance Training
Got Questions?
We're here to help. Contact us if you have questions.
Office of Institutional Compliance
(806) 743-3289
compliance@ttuhsc.edu