July 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…
July 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…
June 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…
June 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…
June 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…
June 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…
June 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…
June 15, 2020
Now that I can get my haircut and eat at my favorite restaurant, do I have to go to court? Businesses across the country are looking to reopen and courts are feeling their way through the limitations necessitated by COVID-19, how to safely move forward, and dealing with backlog. Federal and State Courts initially went into partial shutdown, focusing on handling essential or emergency matters…
June 4, 2020
Although the West Virginia Board of Medicine (“WVBOM”) suspended some provisions of the West Virginia Medical Practice Act1 to allow for greater use of telemedicine, it has not suspended all provisions of the telemedicine statute.2 In a departure from W. Va. Code § 30-3-13a(c), the WVBOM now states that “if audio only communication satisfies the standard of care for a particular patient…
June 2, 2020
On March 7, 2020 - just as the COVID-19 pandemic was starting to grip the nation - the West Virginia Legislature passed House Bill 4422, titled “The Patient Brokering Act” (hereafter sometimes referred to as the “Act”). Perhaps due to the timing of the COVID-19 pandemic, there has been seemingly scant discussion about the Act, and its potential implications for health care providers. This article…
May 27, 2020
As we begin to “reopen” following the initial assault from COVID-19, health care providers continue to adjust to the “new normal” of practicing medicine during an ongoing pandemic. Amid discussions of personal protective equipment, installation of plexiglass waiting room enclosures and increased testing availability, it is important to remember some basics to help avoid litigation. For health…
May 20, 2020
West Virginia State Courts
On March 22, the Supreme Court of Appeals declared a “judicial emergency” due to the Covid-19 public health crisis and suspended trials, in person hearings, and deadlines. Subsequent orders extended the emergency period to May 15. On May 6, 2020, the Court ended the emergency declaration by issuing a “Resumption of Operations” order and “Covid-19 Resumption of…
July 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…
July 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…
June 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…
June 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…
June 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…
June 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…
June 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…
June 15, 2020
Now that I can get my haircut and eat at my favorite restaurant, do I have to go to court? Businesses across the country are looking to reopen and courts are feeling their way through the limitations necessitated by COVID-19, how to safely move forward, and dealing with backlog. Federal and State Courts initially went into partial shutdown, focusing on handling essential or emergency matters…
June 4, 2020
Although the West Virginia Board of Medicine (“WVBOM”) suspended some provisions of the West Virginia Medical Practice Act1 to allow for greater use of telemedicine, it has not suspended all provisions of the telemedicine statute.2 In a departure from W. Va. Code § 30-3-13a(c), the WVBOM now states that “if audio only communication satisfies the standard of care for a particular patient…
June 2, 2020
On March 7, 2020 - just as the COVID-19 pandemic was starting to grip the nation - the West Virginia Legislature passed House Bill 4422, titled “The Patient Brokering Act” (hereafter sometimes referred to as the “Act”). Perhaps due to the timing of the COVID-19 pandemic, there has been seemingly scant discussion about the Act, and its potential implications for health care providers. This article…
May 27, 2020
As we begin to “reopen” following the initial assault from COVID-19, health care providers continue to adjust to the “new normal” of practicing medicine during an ongoing pandemic. Amid discussions of personal protective equipment, installation of plexiglass waiting room enclosures and increased testing availability, it is important to remember some basics to help avoid litigation. For health…
May 20, 2020
West Virginia State Courts
On March 22, the Supreme Court of Appeals declared a “judicial emergency” due to the Covid-19 public health crisis and suspended trials, in person hearings, and deadlines. Subsequent orders extended the emergency period to May 15. On May 6, 2020, the Court ended the emergency declaration by issuing a “Resumption of Operations” order and “Covid-19 Resumption of…
