Health Law MonitorCMS Expands Blanket Waivers Available to Ease Burdens on the Health Care SystemApril 2, 2020 As the nation’s health care system struggles to manage the influx of COVID-19 patients, the government has taken aggressive action to expand blanket waivers and new rules to ease the regulatory burdens on the system. The Centers for Medicare & Medicaid Services (CMS) announced the waivers on March 30, 2020, with a retroactive effective date of March 1, 2020, and the waivers will continue until… CMS Issues Stark Law Blanket WaiversMarch 31, 2020 On March 30, 2020, CMS issued blanket 1135 waivers of Section 1877 (g) of the Social Security Act (the “Act”), also commonly referred to as the “Stark Law”1 in response to the COVID-19 National Emergency in the United States. The waivers are retroactive to March 1, 2020. This means that providers can rely on these waivers without notifying CMS. Both prerequisites to issue 1135 waivers were… WVBOP COVID-19 Emergency Licensure RulesMarch 30, 2020 On March 20, WVBOP issued a memo containing various updates regarding the COVID-19 crisis, including “out of state pharmacy staffing.”1 The Board explained that West Virginia Code Section 30-5-6(5) gives the Board the authority to “determine the qualifications of any applicant for a license, permit, and registration.” Due to COVID-19 and an anticipated shortage of healthcare workers, the Board… CARES Act: Dramatic Changes Made to Substance Use Disorder Confidentiality ProtectionsMarch 30, 2020 On March 27, President Trump signed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. Much attention has been given to the economic relief features of the CARES Act. However, Section 3221 of the CARES Act has also made sweeping and dramatic changes to requirements pertaining to the confidentiality of substance use disorder (“SUD”) data. The COVID-19… Emergency Rules for WV Board of Medicine and Board of Osteopathic MedicineMarch 30, 2020 West Virginia Board of Medicine 1. Temporary Suspension of Certain Provisions West Virginia Code of Regulations Regarding Licensure for Physicians and Physician Assistants On March 16, 2020, West Virginia Governor, Jim Justice, declared a State of Emergency to address the COVID-19 pandemic. Governor Justice delegated “to all state agencies the ability to suspend rules, if strict compliance… UPDATED - Kentucky General Assembly Makes Healthcare Changes in Response to COVID-19March 27, 2020 On March 30, 2020, Governor Beshear signed Senate Bill 150, which addresses COVID-19 effects on the Commonwealth, specifically to allow for quick response by the healthcare system and protect those responding to the emergency. Here’s what you need to know:
UPDATED 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… |
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