First Healthcare Compliance CONNECT January 2022
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Q&A: Expanded Roles and Duties<br />
for Medical Assistants during the<br />
COVID-19 Era<br />
Catherine Short<br />
Donald A. Balasa, JD, MBA, CEO and Legal<br />
Counsel at American Association of Medical<br />
Assistants (AAMA), presented the webinar<br />
“Expanded Roles and Duties for Medical<br />
Assistants during the COVID-19 Era” on<br />
April 13th. Mr. Balasa answered these<br />
questions in anticipation of the webinar.<br />
You mentioned that medical assistants can be<br />
certified although not licensed in nearly every<br />
state. How are you defining licensing and<br />
certification?<br />
Licensing is a mandatory, usually state, credential<br />
without which an individual is prohibited legally from<br />
working in a profession or occupation. Certification is<br />
a voluntary credential, usually national in scope, that<br />
is awarded by a private sector (usually) certifying body.<br />
The CMA (AAMA) is a national certification for medical<br />
assistants.<br />
Are medical assistants permitted to perform<br />
nasopharyngeal swabbing for COVID-19 testing?<br />
Medical assistants are permitted to perform<br />
nasopharyngeal swabbing for COVID-19 testing under<br />
the laws of all states with the possible exception of<br />
California. Medical assistants must be under the<br />
authority and supervision of a licensed provider (e.g.,<br />
physician, osteopath, nurse practitioner, physician<br />
assistant) or a licensed health care professional (e.g.,<br />
registered nurse) when performing nasopharyngeal<br />
swabbing.<br />
Do any federal agencies have a position on<br />
medical assistants performing nasopharyngeal<br />
swabbing?<br />
The Centers for Medicare & Medicaid Services (CMS)<br />
published an interim final rule with comment period<br />
entitled “Medicare and Medicaid Programs; Policy and<br />
Regulatory Revisions in Response to the COVID-19 Public<br />
Health Emergency” (85 FR 19247 through 19253) in the<br />
April 6, 2020, Federal Register. Its language supports my<br />
legal position that medical assistants are permitted to<br />
perform nasopharyngeal swabbing to test for COVID-19.<br />
Note the following excerpts from this CMS rule:<br />
Even if the patient is confined to the home because of a<br />
suspected diagnosis of an infectious disease as part of a<br />
pandemic event … a nasal or throat culture … could be<br />
obtained by an appropriately-trained medical assistant or<br />
laboratory technician. …<br />
… Services furnished by auxiliary personnel (such as<br />
nurses, medical assistants, or other clinical personnel<br />
10<br />
<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2022</strong>
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