Health Law MonitorWVBOP 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… How EMTALA Changes During A PandemicMarch 16, 2020 The Emergency Medical Treatment and Active Labor Act (“EMTALA”) requires a hospital to properly screen and stabilize all patients that present to the emergency room for care.1 There is inherent tension between a hospital’s legal and ethical obligations and the realities of responding to a pandemic disaster. During the current COVID-19 pandemic, the significant surge the health care system is… Beware! Hackers Using the COVID-19 Crisis as OpportunityMarch 16, 2020 As the COVID-19 pandemic escalates in the United States, it appears that hackers are using the crisis as an opportunity to exploit victims. The United States Department of Health and Human Services was the victim of a cyber-attack that occurred on March 16, 2020.1 Additionally, in recent weeks, various businesses and consumers have reported an increase in COVID-19-related “phishing” attempts.2 … Kentucky Court ClosuresMarch 13, 2020 By order of the Governor, Kentucky has suspended all civil dockets through April 10, 2020. Only limited emergency matters will be heard. Courtroom attendance will be limited to only necessary parties and courthouse access is subject to warnings regarding health and travel history. West Virginia Issues COVID-19 Guidance for Circuit CourtsMarch 13, 2020 On March 12, 2020, the Supreme Court of Appeals of West Virginia issues a “COVID-19 Planning Document.” Recognizing the “serious public health risk” presented by the coronavirus, or COVID-19, the Court provided guidance to “all court systems, court affiliates, and court personnel throughout West Virginia, and supplements general guidance issued by federal, state, and local health authorities.”… Expedited Credentialing and Addressing Staffing Shortages During Coronavirus PandemicMarch 12, 2020 Hospitals should anticipate coronavirus patients filling hospital beds from coast to coast based on projections for COVID-19 spread. Healthcare workers, and healthcare providers may become patients needing treatment for the virus resulting in possible shortages of staffing at hospitals, urgent care centers, and even nursing homes. Hospitals should have policies in place related to the… Documenting the Standard of Care during a PandemicMarch 11, 2020 The Coronavirus (COVID-19) is spreading through the United States, and the CDC is forecasting continued infection. More and more people could develop symptoms and arrive at hospitals for help. So, what do we know about the standard of care for healthcare providers in these scenarios? In most states, standard of care is defined by statute and is typically described as that level of care that a… |
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