Health Law MonitorCMS Issues Recommendation to Re-Open Health Care Systems with Low Incidence of COVID-19April 20, 2020 A decline in COVID-19 cases and stabilization has prompted conversation regarding Phase 1 in the Whitehouse’s Guidelines for Opening Up America. The Centers for Medicare & Medicaid Services (CMS) issued guidelines for gradually re-opening health care systems to provide essential non-COVID-19 care to patients in those areas with low, or relatively low and stable incidence of COVID-19. The… Considerations for Physicians Asked to Practice Outside Their Normal Scope of PracticeApril 13, 2020 To alleviate pressure on healthcare systems and hospitals caused by the Coronavirus outbreak, physicians may be asked – or may volunteer – to work outside their usual scope of practice and/or in unfamiliar surroundings to treat patients. Before a physician agrees to work outside his/her normal scope of practice to care for Coronavirus patients, several considerations are important. These include… CARES Act Update: HHS Announces Immediate Infusion of $30 Billion into Health Care SystemApril 10, 2020 At the April 7, 2020 COVID-19 Task Force Briefing, the Centers for Medicare & Medicaid Services’ (CMS) Administrator, Seema Verma, announced that the first $30 billion of the Title III CARES Act funding will be distributed to Medicare providers by the end of this week. On April 9, 2020, the Department of Health and Human Services (HHS) issued more details about the distribution of and conditions… OCR Enforcement Discretion for Good-Faith Operation of Community Based TestingApril 10, 2020 Effective immediately, the Department of Health and Human Services (“HHS”) announced its decision to exercise its enforcement discretion in how it applies the Privacy, Security and Breach Notification Rules under the Health Insurance and Portability and Accountability Act of 1996 (“HIPAA”).1 No enforcement actions will be sought against covered health care providers or their business associates… Return to Work Guidelines for Virus-Exposed Critical Workers Who Lack SymptomsApril 9, 2020 The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days. Below is a summary of the CDC’s new guidance: Additional Precautions: The… HRSA-Funded Health Centers Awarded 1.3 Billion DollarsApril 8, 2020 The U.S. Department of Health and Humans Services (HHS) through the Health Resources and Services Administration (HRSA) awarded more than $1.3 billion to 1,387 HRSA funded health centers in response to the COVID-19 pandemic. “HRSA-funded health centers are part of the backbone of our nation’s health care system, serving 1 in 12 people nationwide,” stated Tom Engels, HRSA Administrator. This much… CARES Act Update: CMS to Distribute $30 Billion to Medicare Providers by Week’s EndApril 8, 2020 Title III of the Coronavirus Aid, Relief and Economic Security (CARES) Act contains various provisions intended to support America’s health care system in responding to the COVID-19 pandemic. While the CARES Act includes $100 billion in new funding to reimburse “eligible health care providers” for “health care related expenses or lost revenues that are attributable to coronavirus,” specific… OIG Issues Enforcement Guidance on Anti-Kickback Law during COVID-19 EmergencyApril 8, 2020 On April 3, 2020, the United States Department of Health and Human Services’ Office of Inspector General (“OIG”) issued a Policy Statement announcing that it would exercise its discretion not to impose administrative sanctions under the federal Anti-Kickback Law (42 U.S.C. § 1320a-7b(b)) for certain types of conduct. The federal Anti-Kickback Law typically prohibits the solicitation, offer,… CMS Promotes Expansion of Telehealth to Fight COVID-19April 7, 2020 Healthcare providers fight the COVID-19 public health crisis on the front lines and at the same time must be able to adapt and use telehealth technology to not only protect their patients, but to also protect their employees, staff, themselves and their families. Congress recognizing this crucial predicament, passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which… Hospitals and Healthcare Organizations Found To Be Increasingly Vulnerable To Cyberattacks During COVID-19 PandemicApril 7, 2020 On April 4, 2020, Interpol issued a Purple Notice regarding a heightened ransomware1 threat to hospitals.2 An Interpol Purple Notice seeks “to provide information on modus operandi, objects, devices and concealment methods used by criminals.”3 According to Interpol, hospitals and other “organizations at the forefront of the global response to the COVID-19 outbreak…have also become targets of… West Virginia Insurance Commissioner Issues Orders and Bulletins related to COVID-19 CrisisApril 6, 2020 West Virginia Insurance Commissioner Jim Dodrill has been active in dealing with the COVID-19 crisis, issuing six Emergency Orders and a series of Insurance Bulletins. The Commissioner started issuing Bulletins on March 9, 2020. On March 13, 2020, the Commissioner declared an “insurance emergency” which by statute provides him with authority to change deadlines and rules and issue orders to… CARES Act – Economic Relief Opportunities for Our Health PartnersApril 3, 2020 The Coronavirus Aid, Relief and Economic Security (CARES) Act authorized $2.2 trillion in financial assistance to help individuals and business through the economic hardships caused by the COVID-19 pandemic. This economic relief includes critical financial resources for the health care system. Title III of the CARES Act contains various provisions intended to support America’s health care system… |
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