Health Law MonitorCoronavirus/COVID-19UPDATED Ongoing Efforts to Ease Burdens on Providers in the Wake of COVID-19March 26, 2020 As our health care providers push all of their resources into fighting a global pandemic and keeping our communities safe, regulators of the industry are taking steps to ease certain administrative burdens on these providers. Such actions are consistent with the guidance we previously reported related to obligations under HIPAA and EMTALA and the expansion of Telehealth. These updates are… Coronavirus Quarantine Powers UPDATED 3/25/2020March 25, 2020 COVID-19 has forced states to consider what legal options they possess to prevent the spread of and treat those who have been diagnosed with COVID-19. One of these options is the inherent police power of a state to quarantine or isolate infected persons for public health purposes. Various states have specified this power by statute or broadly incorporated it into their emergency powers. Although… TO TREAT OR NOT TO TREAT VIA TELEMEDICINE? THAT IS THE QUESTION.March 25, 2020 As the COVID-19 pandemic makes it more and more difficult for patients to access their healthcare providers in-person, telemedicine is becoming a more viable alternative. CMS is expanding access to telemedicine services on a temporary and emergency basis through both 1135 waiver authority and the Coronavirus Preparedness and Response Supplemental Appropriations Act.1 Through these provisions, CMS… Kentucky State Veterinarian Recommends Best Practices and Breeding Shed Guidelines for Horse Farms and VeterinariansMarch 25, 2020 The Kentucky Department of Agriculture’s Office of State Veterinarian released guidance for Kentucky’s equine industry today. In addition to following the general Coronavirus Guidelines for America and guidance from the Centers for Disease Control, the State Veterinarian recommended the following best practices:
Ongoing Efforts to Ease Burdens on Providers in the Wake of COVID-19March 24, 2020 As our health care providers push all of their resources into fighting a global pandemic and keeping our communities safe, regulators of the industry are taking steps to ease certain administrative burdens on these providers. Such actions are consistent with the guidance we previously reported related to obligations under HIPAA and EMTALA and the expansion of Telehealth. These updates are… COVID-19: Issues for Group Health Plan SponsorsMarch 24, 2020 Ten years ago this week, President Obama signed into law the Affordable Care Act. The healthcare landscape has changed drastically since then, and the current Coronavirus crisis raises even more novel issues for employer sponsors of group health plans. Among the most pressing issues for employers during this time are employee leaves of absence and reductions in work hours. There are several… WVBOP COVID-19 UpdatesMarch 24, 2020 As the COVID-19 crisis intensifies, the West Virginia Board of Pharmacy (WVBOP) issued a new temporary rule and a multitude of waivers. While these waivers will cease to be in effect when the WV State if Emergency related to COVID-19 pandemic ends, WVBOP adopted the following guidance:1 Chloroquine and Hydroxychloroquine. Because these drugs are thought to be helpful in the treatment of COVID-19,… HHS COVID-19 HIPAA Bulletin-Limited 72 Hour Waiver; Permissible Disclosures ReminderMarch 19, 2020 Even in the midst of a nationwide public health emergency, the HIPAA Privacy Rule (“Privacy Rule”) provisions still apply. However, the Secretary of the U.S. Department of Health and Human Services (“HHS”) may waive certain provisions of the Privacy Rule pursuant to the Project Bioshield Act of 2004 and Section 1135(b)(7) of the Social Security Act. President Trumps’ declaration of a nationwide… Coronavirus: The Role of the States and the Federal Government in a Public Health CrisisMarch 19, 2020 On Friday, March 13, 2020, President Trump declared the Covid-19 (also known as the Coronavirus) pandemic a national emergency. By doing so, the Federal Emergency Management Agency (“FEMA”) can now access billions of dollars in federal resources to help state and local agencies combat and contain the spread of Coronavirus.1 When matters of public health are at stake, the federal government’s… Professional Dental Associations and States Issue COVID-19 Recommendations to DentistsMarch 18, 2020 With the recent outbreak of the Coronavirus (COVID-19) in the United States and the significant governmental actions being taken at federal, state and local levels, dentists around the country are seeking guidance on how to continue to treat patients while ensuring that the health of their employees and patients are protected. In addition to evolving executive branch recommendations regarding… WEST VIRGINIA GETS COVID-19March 18, 2020 On March 17, 2020 at 6p.m. West Virginia’s Governor Jim Justice announced the State’s much anticipated first positive COVID-19 test result.1 It was explained during the Governor’s announcement that the result was identified in the Eastern Panhandle of West Virginia. News reports and WV DHHR state that the COVID-19 positive patient is not hospitalized but is receiving out-patient care. The… Federal Government Temporarily Expanding Telehealth in Response to COVID-19March 17, 2020 The COVID-19 global pandemic caused the President of the United States to declare a national emergency. During this nationwide public health emergency, when clinical health care providers (“clinicians”) are in high demand and short supply, it is increasingly important for clinicians to seek innovative ways to help as many patients as possible. One of those ways is through telehealth. Telehealth… |
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