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…
May 13, 2020
As health care professionals across the country are working to respond to the COVID-19 pandemic, providers are having to step in to fill critical shortages outside their respective field of practice. This is creating a growing concern about potential liability. In a letter dated April 2, 2020, the Colorado Medical Society implored Governor Jared Polis to expand liability protections for health…
May 7, 2020
While many ICUs in various parts of the country have been overwhelmed with COVID-19 patients, many healthcare providers have suffered significant financial losses due to non-emergent visits and elective procedures being put on hold while states prepared for their respective peaks for COVID-19 cases. Several healthcare providers, including large hospital systems, have filed for bankruptcy in the…
May 4, 2020
CMS has issued more telehealth regulatory flexibilities in light of the COVID-19 public health emergency (PHE), including new blanket waivers,1 guidance for rural health clinics (RHCs) and federally qualified health centers (FQHCs) under the CARES Act, and a new interim final rule issued April 30, 2020 (IFC).2
Additions to List of Eligible Providers
For the remainder of the PHE, physical…
May 1, 2020
Now that parts of society are planning to begin the first phase of reopening, policy makers are considering what legal and regulatory obstacles businesses and healthcare providers might face. On Tuesday, U.S. Senate Majority Leader Mitch McConnell said a “condition” for the next coronavirus bill must include liability protections for businesses and hospitals.1
“My red line going forward on this…
April 23, 2020
On April 22, 2020, the Department of Health and Human Services (“HHS”) announced how it will allocate a large portion of the remaining $70 billion of funding established by Title III of the CARES Act (the “Provider Relief Fund”) to certain health care providers impacted by COVID-19. As addressed in a prior Jackson Kelly Health Law Monitor article, HHS announced on April 9, 2020 that it would…
April 22, 2020
Our nation’s health care providers have resoundingly answered the call for extraordinary responses to the extraordinary demands of COVID-19 public health crisis. Many providers show up to work to meet the unique demands of COVID-19 patients, but for others, the pandemic radically altered normal practices through deferral of certain treatments and procedures, replacement of office visits with…
April 21, 2020
A recent announcement by the Centers for Medicare & Medicaid Services (CMS) provides that clinicians in the Quality Payment Program (QPP) are eligible to earn Merit-based Incentive Program System (MIPS) credit for participating in the “MIPS COVID-19 Clinical Trials” improvement activity. To receive credit for this new measure, clinicians must attest that they are participating in a COVID-19…
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…
May 13, 2020
As health care professionals across the country are working to respond to the COVID-19 pandemic, providers are having to step in to fill critical shortages outside their respective field of practice. This is creating a growing concern about potential liability. In a letter dated April 2, 2020, the Colorado Medical Society implored Governor Jared Polis to expand liability protections for health…
May 7, 2020
While many ICUs in various parts of the country have been overwhelmed with COVID-19 patients, many healthcare providers have suffered significant financial losses due to non-emergent visits and elective procedures being put on hold while states prepared for their respective peaks for COVID-19 cases. Several healthcare providers, including large hospital systems, have filed for bankruptcy in the…
May 4, 2020
CMS has issued more telehealth regulatory flexibilities in light of the COVID-19 public health emergency (PHE), including new blanket waivers,1 guidance for rural health clinics (RHCs) and federally qualified health centers (FQHCs) under the CARES Act, and a new interim final rule issued April 30, 2020 (IFC).2
Additions to List of Eligible Providers
For the remainder of the PHE, physical…
May 1, 2020
Now that parts of society are planning to begin the first phase of reopening, policy makers are considering what legal and regulatory obstacles businesses and healthcare providers might face. On Tuesday, U.S. Senate Majority Leader Mitch McConnell said a “condition” for the next coronavirus bill must include liability protections for businesses and hospitals.1
“My red line going forward on this…
April 23, 2020
On April 22, 2020, the Department of Health and Human Services (“HHS”) announced how it will allocate a large portion of the remaining $70 billion of funding established by Title III of the CARES Act (the “Provider Relief Fund”) to certain health care providers impacted by COVID-19. As addressed in a prior Jackson Kelly Health Law Monitor article, HHS announced on April 9, 2020 that it would…
April 22, 2020
Our nation’s health care providers have resoundingly answered the call for extraordinary responses to the extraordinary demands of COVID-19 public health crisis. Many providers show up to work to meet the unique demands of COVID-19 patients, but for others, the pandemic radically altered normal practices through deferral of certain treatments and procedures, replacement of office visits with…
April 21, 2020
A recent announcement by the Centers for Medicare & Medicaid Services (CMS) provides that clinicians in the Quality Payment Program (QPP) are eligible to earn Merit-based Incentive Program System (MIPS) credit for participating in the “MIPS COVID-19 Clinical Trials” improvement activity. To receive credit for this new measure, clinicians must attest that they are participating in a COVID-19…
