Winstead PC

Winstead is among the largest business law firms in Texas. Our attorneys and consultants serve as trusted advisors to mid-market and large businesses, providing a core range of legal services that are critical to their operation and success. From its well-known reputation in real estate and financial services to its corporate and high-stakes litigation practice, Winstead uses solid legal experience to deliver innovative solutions on your terms.

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Latest from Winstead PC

Securities Litigation and Regulatory Enforcement

RIAs & Advisors Consider CARES Act PPP Loan Participation: Getting the Application Right Takes Diligence

By John Kincade

April 3, 2020

Management.com has a new article, found here, that points to the importance of an investment adviser or RIA firm borrower getting their SBA Paycheck Protection Program loan application right the first time: “What you don’t want is to submit an application that’s incomplete and you have to fix it … [because then] you [fall] to the back of the queue.” Meeting the legal requirements is also key. Our Winstead team including Andrew Rosell ,…

Securities Litigation and Regulatory Enforcement

The SEC Opts Not to Extend Reg BI and Form CRS Compliance Deadline

By John Kincade & Jamie Lacy

April 3, 2020

Securities and Exchange Commission (the Commission) Chairman Jay Clayton today addressed the much anticipated delay to the compliance deadline for Regulation Best Interest (Reg BI), Form CRS and the related transparency obligations in the new regulation by stating there will be NO DELAY of the June 30, 2020 deadline because of the Covid-19 pandemic.¹ In the Chairman’s public statement, found here, Clayton said the interests of “long term Main Street investors” has not changed…

Destination: Health Law

The COVID-19 Aid, Relief, and Economic Security (CARES) Act and its Effects on Healthcare Providers, Hospitals, and Other Professionals

By Bhavesh Modi, Sarah Churchill Llamas, Corinne Smith & Kevin Wood

March 31, 2020

On March 27, the CARES Act was signed into law by President Trump in an effort to stem the nationwide effects of the COVID-19 emergency crisis. Healthcare providers, in particular, are currently overwhelmed with the surge in COVID-19 cases. Consequently, the CARES Act allocates over $330 billion to the healthcare industry as a temporary economic respite and makes numerous policy changes to provide greater flexibility to healthcare providers as they continue to fight this disease…

Texas Fiduciary Litigator

Administering Trusts In A Recession: The Support Trust/HEMS Distribution Standard

By David Fowler Johnson

March 31, 2020

When the economy has a downturn, trustees are under more pressure to make distributions. Beneficiaries lose jobs, their individual asset portfolios decrease, and they may make the decision to go back to school. Moreover, with the current COVID-19 pandemic, health care expenses may increase. Due to these factors, trustees are under more pressure to make larger distributions under a discretionary health, education, maintenance (“HEMS”) standard. What does a HEMS distribution standard trust include? The Restatement…

Destination: Health Law

CMS Prioritizes Immediate Jeopardy and Infection Control Surveys

By Sarah Churchill Llamas, Corinne Smith, Kevin Wood & Michael Smith

March 26, 2020

On March 23, 2020, the Centers for Medicare and Medicaid Services (CMS) announced that during the next three weeks, State Survey Agency (SSA) and CMS surveyors will only prioritize and conduct surveys related to complaints and facility-reported incidents (FRIs) that are triaged at the Immediate Jeopardy level, in addition to an infection control review using an Infection Control Survey Checklist developed by CMS and the Centers for Disease Control and Prevention (CDC). …

Destination: Health Law

COVID-19 and HIPAA – Law Enforcement, First Responders and Public Health Authorities Can Get PHI

By Bhavesh Modi, Sarah Churchill Llamas, Corinne Smith & Kevin Wood

March 26, 2020

We have already seen extensive regulatory responses to the COVID-19 public health emergency (visit Winstead’s COVID-19 Resource Center for more information). On March 24, 2020, the Office for Civil Rights (“OCR”), a department of the U.S. Department of Health and Human Services (“HHS”) issued guidance clarifying when entities covered under HIPAA and the Privacy Rule can disclose the protected health information (“PHI”) of patients exposed to COVID-19 to first responders and other individuals.…

Destination: Health Law

COVID-19 Emergency Update: Physicians Can Prescribe Controlled Substances via Telemedicine

By Corinne Smith, Kevin Wood & Sarah Churchill Llamas

March 26, 2020

Under the Ryan Haight Act, healthcare providers must usually conduct an in-person examination before prescribing controlled substances, such as opioids, via the internet (including telehealth or telemedicine). However, as a result of the Public Health Emergency Declaration, the U.S. Drug Enforcement Agency (DEA) issued a statement clarifying that—for the duration of the Public Health Emergency—DEA-registered practitioners utilizing telehealth or telemedicine solutions do not need to conduct an in-person examination to prescribe Schedule II-V controlled…

Destination: Health Law

COVID-19 Emergency Update: Texas Governor Prohibits Elective Surgeries and Suspends Hospital Capacity Limits

By Corinne Smith, Kevin Wood & Sarah Churchill Llamas

March 26, 2020

On March 22, 2020 Texas Governor Greg Abbott issued an executive order prohibiting all surgeries and procedures that are “not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient” who would be at risk for serious adverse medical consequences or death without the immediate performance of the surgery or procedure. The determination is to be made by the patient’s physician. Procedures that would not deplete hospital…

Destination: Health Law

Using Skilled Nursing Facilities to Expand Hospital Capacity During COVID-19 Crisis

By Corinne Smith, Kevin Wood & Sarah Churchill Llamas

March 26, 2020

The nation’s healthcare system is preparing to reach record capacity in the coming weeks. Much focus has been on the limited capacities of the nation’s acute care hospitals. As a result of the COVID-19 public health emergency, the Health and Human Services (“HHS”) Secretary is authorized to make temporary waivers under the Social Security Act (known as “Section 1135 Waivers”). In turn, the Center for Medicare and Medicaid Services (“CMS”) COVID-19 Emergency Declarations have expanded…

Destination: Health Law

Good Faith Provision of Telehealth During COVID -19 Public Health Emergency

By Corinne Smith, Kevin Wood & Sarah Churchill Llamas

March 26, 2020

In an unprecedented announcement (and on the heels of other directives on healthcare privacy matters), the Office for Civil Rights (OCR) of the U.S. Department of Health & Human Services (HHS) issued a statement on March 17, 2020, that it will not impose penalties against covered entity healthcare providers in connection with their “good faith provision of telehealth services” as long as the Public Health Emergency related to COVID-19 is in place. OCR is the…

Winstead PC

Winstead PC Blogs

Blog Authors

RIAs & Advisors Consider CARES Act PPP Loan Participation: Getting the Application Right Takes Diligence

The SEC Opts Not to Extend Reg BI and Form CRS Compliance Deadline

The COVID-19 Aid, Relief, and Economic Security (CARES) Act and its Effects on Healthcare Providers, Hospitals, and Other Professionals

Administering Trusts In A Recession: The Support Trust/HEMS Distribution Standard

CMS Prioritizes Immediate Jeopardy and Infection Control Surveys

COVID-19 and HIPAA – Law Enforcement, First Responders and Public Health Authorities Can Get PHI

COVID-19 Emergency Update: Physicians Can Prescribe Controlled Substances via Telemedicine

COVID-19 Emergency Update: Texas Governor Prohibits Elective Surgeries and Suspends Hospital Capacity Limits

Using Skilled Nursing Facilities to Expand Hospital Capacity During COVID-19 Crisis

Good Faith Provision of Telehealth During COVID -19 Public Health Emergency

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