As many of you are aware, the Centers for Medicare and Medicaid Services (CMS) along with many states have waived licensing and other requirements to allow healthcare providers to use non-hospital space to treat COVID-19 and non-COVID-19 patients, conduct testing and perform other clinical operations. Healthcare providers across the country are exploring options to increase their bed capacity in space outside of their traditional hospital campus space. Educational institutions, professional sport teams, fitness centers and convention space operators have emerged as potential partners in the search for more beds. While many providers may need to utilize this space to treat COVID-19 patients or address overflow patient needs, other providers may utilize this space to house quarantined staff members, provide housing to its professionals that elect not to return to their homes to protect their families from potential exposure, or for relocation of administrate functions to open up in-hospital space for patient care needs. We are currently working with organizations on both sides of these arrangements, including hospitals and health systems, institutions of higher education and professional sports teams to navigate the incredible number of regulatory and operational issues that arise ranging from protection of students remaining on campus, evaluating considerations related to sponsors and potential naming rights implications, and indemnification. Please feel free to reach out to your Husch Blackwell attorney if you have questions about these arrangements.
