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
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
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.
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
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
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
HIPAA and COVID-19: Privacy Protections Still Control in Case of Pandemic
As noted in our recent alert listed below, the HIPAA Privacy Rule is not suspended during a public health or other emergency. However, the Secretary of Health &
The retailization of healthcare has been a hot topic recently in healthcare and real estate industry circles alike. But what does this term really mean? From a healthcare perspective, it describes the evolution of the delivery of healthcare from a
Startup? Organized in Delaware? Then you likely received a notice from the Secretary of State of Delaware saying you owe thousands (maybe even tens of thousands) in franchise taxes and have to file an Annual Report by March 1, 2020.
In a long-anticipated move, the United States Food and Drug Administration (FDA), on September 26, 2019, published six guidance documents clarifying its scope of authority and enforcement discretion policies with regards to Digital Health Content in light of the questions
