Health Law MonitorLitigating During COVID-19: What we’ve learned and what we can expect going forward.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… Update on HHS Recent Changes to the 340B Program’s Reimbursement RatesOctober 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. BackgroundCongress created the 340B drug pricing program in 1992, requiring certain pharmaceutical manufacturers to sell outpatient drugs at discounted… CARES Act Update: HHS Disbursing another $20 Billion in Financial ReliefOctober 12, 2020 On October 1, 2020, The Department of Health and Human Services (“HHS”), through the Health Resources and Services Administration (“HRSA”) announced the disbursement of another $20 billion in financial relief for certain physician practices and other health care delivery organizations and clinicians who are part of the Coronavirus Aid, Relief and Economic Security Act (“CARES”). Providers will… Are you Ready for It? ONC Information Blocking Rule Compliance Deadline is Fast ApproachingSeptember 17, 2020 The time is now for compliance teams to review their systems, policies, and procedures to ensure they are ready to comply with the Final Rule on Information Blocking (the “Final Rule”)1 issued by the Office of the National Coordinator for Health Information Technology (ONC) in March of this year. The Final Rule stems from the 21st Century Cures Act (the “Cures Act”),2 which was passed by… CDC Issues New Guidance for PharmaciesAugust 4, 2020 COVID-19 has prompted health care providers and facilities across the United States to re-evaluate their plans for evaluating and treating patients in the face of a global pandemic. Plans have been developed to not only to guide the actual provision of health care, but also general logistics focusing on how to safely ensure the delivery of care occurs. Recognizing the vital part pharmacies play in… Let’s not give up on jury trialsJuly 6, 2020 Civil jury trials are guaranteed under the 7th Amendment for all cases in Federal Court, and that right is incorporated into the constitutions of almost every state. So, we can continue to demand jury trials in our cases even though it is unclear how long we will have to wait for them to resume. The courts must accommodate both criminal and civil jury trials and are in the process of trying to… WEST VIRGINIA LEGISLATURE REQUIRES PEIA TO COVER TELEHEALTH SERVICESJuly 1, 2020 On June 5, 2020, a new statute covering telehealth services under the West Virginia Public Employees Insurance Act (“PEIA”) went into effect.1 This statute endeavors to formulate definitions regarding telehealth while also setting forth what telehealth services PEIA must cover.2 According to the statute, a distant site is defined as “the telehealth site where the health care practitioner is… HHS Says No to Gender Identity and Sexual Orientation: Supreme Court DisagreesJune 26, 2020 On June 19, 2020, the U.S. Department of Health and Human Services (HHS) published its finalized rule1 (Final Rule) revising certain provisions contained in Section 1557 of the Patient Protection and Affordable Care Act (ACA).2 Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age or disability in certain health programs and activities. The 2016 Rule defined… UPDATE: Fifth Circuits Holds Bankruptcy Court Cannot Enjoin the SBA Regarding PPP Funding to DebtorsJune 25, 2020 Jackson Kelly previously reported on a number of Bankruptcy Courts granting temporary restraining orders against the Small Business Administration (“SBA”) to allow bankruptcy debtors to apply for Paycheck Protection Program (“PPP”) funds and prohibiting the SBA and any lender from denying the application due solely to the applicant’s status as a bankruptcy debtor. (See May 7, 2020 Health Law… FAQs Clarify Health Plan’s Obligation to Cover COVID-19 TestingJune 23, 2020 The Departments of Labor, Health and Human Services and the Treasury issued a new set of Frequently Asked Questions today to provide guidance on the Families First Coronavirus Relief Act (“FFCRA”), the Coronavirus Aid, Relief and Economic Security (CARES) Act and other health coverage issues related to COVID-19. The FAQs can be found here. Section 6001 of FFCRA requires health plans, including… CMS Announces Enhanced Enforcement and Surveys for Long Term Care FacilitiesJune 22, 2020 The Centers for Medicare & Medicaid Services has announced the next steps in enforcement efforts relating to long term care facilities following reduced efforts as a result of the COVID-19 pandemic. On June 1, CMS released a Quality, Safety and Oversight Group memorandum (QSO 20-31) directing state survey agency directors on a series of new steps designed to help safeguard the health and safety… Deregulation = More Flexibility for Hospital BoardsJune 15, 2020 West Virginia non-profit hospitals and hospitals owned by local governments are no longer required by law to comply with strict board composition requirements. West Virginia Code Section 16-5B-6A required hospitals to maintain at least forty percent of its directors in an equal proportion of four consumer representative categories – small business, organized labor, elderly persons, and lower… |
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