March 21, 2025
Price v. Raleigh General Hospital, a new opinion from the Intermediate Court of Appeals of West Virginia, is an important case for health care providers and other businesses in West Virginia because the court upheld the dismissal of a wrongful death action against the hospital and physician defendants under the immunity provisions of the Covid-19 Act.
In the midst of the Covid pandemic, the West…
March 1, 2024
The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights, in coordination with the Substance Abuse and Mental Health Services Administration, recently released a Final Rule which modifies the Confidentiality of Substance Use Disorder (“SUD”) Patient Records regulations located at 42 C.F.R. Part 2 (commonly known as “Part 2”)[1]. The statute upon which Part 2 relies, 42…
June 16, 2022
On June 13, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced new guidelines clarifying how audio-only telemedicine can comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules).[1] These guidelines were announced in response to Executive Order 14058, issued on…
March 18, 2022
Since January 31, 2020, the federal government has been operating with robust authority to combat the COVID-19 pandemic based on the U.S. Secretary of Health and Human Service’s ongoing declaration of a “public health emergency” (PHE) under 42 U.S.C 1395m(g)(1)(B). Telehealth services have been ubiquitous throughout the pandemic, and the expanded grant of legislative authority under the PHE have…
February 18, 2022
Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with employers’ ability to implement mandatory…
September 8, 2021
An Ohio court attracted national attention when a judge issued a temporary restraining order requiring a hospital to administer ivermectin to a COVID-19 patient. Another judge has now issued an order denying a motion for preliminary injunction, relieving the hospital of the order to administer the drug.
By order dated August 23, 2021, an Ohio Court of Common Pleas judge granted a 14-day…
August 4, 2021
On August 2, 2021, the Denver Department of Public Health & Environment released an order requiring personnel of certain types of entities to be fully vaccinated against COVID-19 by September 30, 2021. Those types of entities and their personnel bound to the order are:
July 9, 2021
This article was originally published in Jackson Kelly’s Workplace Safety and Health News Alert on June 21, 2021. This guidance is pertinent to health care providers and relates to federal Occupational Safety and Health Administration (OSHA) requirements in various workplaces. Comments to the OSHA guidance issued on June 17, 2021 must be submitted by August 20, 2021.
On May 16, 2021, the Centers…
April 29, 2021
The West Virginia Legislature recently passed the “COVID-19 Jobs Protection Act,” which is intended to provide immunity to health care providers and health care facilities (among other persons and entities) from claims arising from incidents relating to COVID-19. W. Va. Code 55-19-1 et seq. The new statute went into effect on March 11, 2021 and provides that, “[n]otwithstanding any law to the…
December 7, 2020
Gov. Jared Polis entered Executive Order D 2020 249 to clarify the order of operations for the increasing hospital capacity in the State of Colorado. Hospitals were directed to increase their capacity internally by utilizing unused space and supplementing their staffing. If further capacity is needed, the hospitals were directed to decrease the number of elective procedures being performed at the…
November 3, 2020
Litigants and litigators face unique challenges to effectively prosecute or defend ongoing or anticipated civil actions amid the pandemic. Now, more than seven months since the declaration of a national emergency in the U.S. and with new COVID-19 cases continuing to rise in many regions, flexibility and creativity remain critical to adapt to the evolving nature of one’s “day in court” during…
October 14, 2020
A recent decision from the District of Columbia’s Court of Appeals has paved the way for the United States Department of Health and Human Services (“HHS”) to continue its policy of Medicare Part B reimbursement reductions for 340B covered entities.
Congress created the 340B drug pricing program in 1992, requiring certain pharmaceutical manufacturers to sell outpatient drugs at discounted…
March 21, 2025
Price v. Raleigh General Hospital, a new opinion from the Intermediate Court of Appeals of West Virginia, is an important case for health care providers and other businesses in West Virginia because the court upheld the dismissal of a wrongful death action against the hospital and physician defendants under the immunity provisions of the Covid-19 Act.
In the midst of the Covid pandemic, the West…
March 1, 2024
The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights, in coordination with the Substance Abuse and Mental Health Services Administration, recently released a Final Rule which modifies the Confidentiality of Substance Use Disorder (“SUD”) Patient Records regulations located at 42 C.F.R. Part 2 (commonly known as “Part 2”)[1]. The statute upon which Part 2 relies, 42…
June 16, 2022
On June 13, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced new guidelines clarifying how audio-only telemedicine can comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules).[1] These guidelines were announced in response to Executive Order 14058, issued on…
March 18, 2022
Since January 31, 2020, the federal government has been operating with robust authority to combat the COVID-19 pandemic based on the U.S. Secretary of Health and Human Service’s ongoing declaration of a “public health emergency” (PHE) under 42 U.S.C 1395m(g)(1)(B). Telehealth services have been ubiquitous throughout the pandemic, and the expanded grant of legislative authority under the PHE have…
February 18, 2022
Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with employers’ ability to implement mandatory…
September 8, 2021
An Ohio court attracted national attention when a judge issued a temporary restraining order requiring a hospital to administer ivermectin to a COVID-19 patient. Another judge has now issued an order denying a motion for preliminary injunction, relieving the hospital of the order to administer the drug.
By order dated August 23, 2021, an Ohio Court of Common Pleas judge granted a 14-day…
August 4, 2021
On August 2, 2021, the Denver Department of Public Health & Environment released an order requiring personnel of certain types of entities to be fully vaccinated against COVID-19 by September 30, 2021. Those types of entities and their personnel bound to the order are:
July 9, 2021
This article was originally published in Jackson Kelly’s Workplace Safety and Health News Alert on June 21, 2021. This guidance is pertinent to health care providers and relates to federal Occupational Safety and Health Administration (OSHA) requirements in various workplaces. Comments to the OSHA guidance issued on June 17, 2021 must be submitted by August 20, 2021.
On May 16, 2021, the Centers…
April 29, 2021
The West Virginia Legislature recently passed the “COVID-19 Jobs Protection Act,” which is intended to provide immunity to health care providers and health care facilities (among other persons and entities) from claims arising from incidents relating to COVID-19. W. Va. Code 55-19-1 et seq. The new statute went into effect on March 11, 2021 and provides that, “[n]otwithstanding any law to the…
December 7, 2020
Gov. Jared Polis entered Executive Order D 2020 249 to clarify the order of operations for the increasing hospital capacity in the State of Colorado. Hospitals were directed to increase their capacity internally by utilizing unused space and supplementing their staffing. If further capacity is needed, the hospitals were directed to decrease the number of elective procedures being performed at the…
November 3, 2020
Litigants and litigators face unique challenges to effectively prosecute or defend ongoing or anticipated civil actions amid the pandemic. Now, more than seven months since the declaration of a national emergency in the U.S. and with new COVID-19 cases continuing to rise in many regions, flexibility and creativity remain critical to adapt to the evolving nature of one’s “day in court” during…
October 14, 2020
A recent decision from the District of Columbia’s Court of Appeals has paved the way for the United States Department of Health and Human Services (“HHS”) to continue its policy of Medicare Part B reimbursement reductions for 340B covered entities.
Congress created the 340B drug pricing program in 1992, requiring certain pharmaceutical manufacturers to sell outpatient drugs at discounted…
