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Legal Liability of Healthcare Providers for Care Provided During COVID-19 Pandemic

By Helaine I. Fingold & Ashley Creech

April 3, 2020

Among the many concerns arising from rampant spread of COVID-19, are provider concerns regarding potential liability for care provided during the pandemic due to limited medical resources. Providers and policy makers have discussed such concerns particularly given the currently limited number of available ventilators and qualified technicians as compared to the numbers of patients who may need access to such equipment.[1] Congress and states have provided varying levels of liability protection, though such protections…

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HHS Office for Civil Rights Bulletin on Civil Rights Issues During the COVID-19 Crisis

By Helaine I. Fingold, James S. Frank, Frank C. Morris, Jr., Ashley Creech & Tzvia Feiertag

March 31, 2020

Numerous media reports concern the shortage of medical resources, personal protective equipment, and qualified professionals during the growing COVID-19 medical emergency. As a result, providers may ultimately have to make choices regarding resource allocation among hospitalized patients suffering from COVID-19. Disability rights and other advocacy groups have expressed concern about resource allocation from the point of view of how individuals with pre-existing disabilities and other individuals may have been treated in the past by the…

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Some States Are Prioritizing Telehealth Through Section 1135 Waiver Requests

By Francesca R. Ozinal

March 31, 2020

On March 13, 2020, President Trump issued a proclamation that the novel coronavirus (“COVID-19”) outbreak in the United States constituted a national emergency. Following this proclamation, pursuant to section 1135(b) of the Social Security Act, the Secretary of the Department of Health and Human Services (“HHS”), Alex Azar, invoked his authority to waive or modify certain requirements of titles of the Act as a result of the consequences of the COVID-19 pandemic, to the extent…

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HHS Issues Blanket Waivers for Certain Financial Relationships Subject to the Stark Law

By Victoria Vaskov Sheridan & David Matyas

March 31, 2020

WHO: The Secretary of the Department of Health and Human Services (HHS) WHAT: Issued nationwide “blanket waivers” of the federal Stark Law (Section 1877 of the Social Security Act) pursuant to his authority Section 1135 of the Social Security Act. WHEN: Although issued on March 30, 2020, the waivers are retroactively effective as of March 1, 2020. WHY: HHS is waiving sanctions under the Stark Law and its underlying regulations to ensure that: (1) sufficient…

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The Race to Embrace Remote Online Notarization (“RON”) in Response to the COVID-19 Pandemic

By Epstein Becker & Green, P.C.

March 31, 2020

A post on the Workforce Bulletin blog will be of interest to many of our readers: “The Race to Embrace Remote Online Notarization (“RON”) in Response to the COVID-19 Pandemic,” by attorney Theodora McCormick of Epstein Becker Green. Following is an excerpt: As employees are required to work remotely and practice social distancing due to the COVID-19 pandemic, the federal government and several state governments (including New York and New Jersey) are moving…

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FDA Issues Update to Guidance for Clinical Trials During the COVID-19 Pandemic

By Amy K. Dow, Julie Lampley & Megan Robertson

March 31, 2020

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On Friday, March 27, 2020, FDA issued an update to previous guidance titled, “FDA Guidance on Conduct of Clinical Trials of Medical Products during the COVID-19 Pandemic” (the “Guidance”), adding an Appendix with ten questions and answers for specific topics based on feedback received on the initial March 18th Guidance. To supplement our prior blog post, we identify some key takeaways from the updated Guidance below: Prioritize Safety of Clinical Trial Participants…

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Value-Based Payment Arrangements During the COVID-19 Pandemic

By Jackie Selby & Gregory R. Mitchell

March 30, 2020

health care-cost-calculator-shutterstock_515008156

The ongoing pandemic caused by the novel coronavirus has upended the American health care system in many ways. One of the many effects of COVID-19 will likely be substantial disruption in value-based payment arrangements between health plans and providers. Though this is an issue that is not on the top of providers or payors minds as the health care system prepares to respond to the crisis, there are some simple steps that providers can take…

Health Law Advisor

Coronavirus and Cash Shortfalls – What Can You Do to Mitigate the Effects of Coronavirus on Your Organization’s Financial Health?

By David E. Weiss

March 30, 2020

cash-medical mask-1280-shutterstock_1673581921

The coronavirus is having a direct effect – financial and otherwise – on nearly every business. While the long-term effects of the global pandemic will be significant and far-reaching, the short-term financial consequences to businesses, due to expected cash shortfalls, could make the difference in a company’s survival. Here are four areas that businesses should review that could impact – and potentially improve – their financial situation: Lease arrangements – Landlords may be willing to accept…

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Secretary Azar Urges Governors to Take Action to Lift Restrictions to Extend the Capacity of the Health Care Workforce

By Anjali N.C. Downs & Arthur J. Fried

March 26, 2020

doctor-nurse-surgeon-shutterstock_613921955

In response to the growing concerns of the capacity of the health care workforce as a result of the COVID-19 pandemic, on March 24, 2020 the Secretary of Health and Human Services, Alex Azar, issued a letter and associated Guidance to all Governors urging them to take immediate action. While the federal government, and some states, have admirably waived and relaxed many rules related to the provision of various types of benefits and services, including…

Health Law Advisor

A World Turned Upside Down: Contract Performance During the COVID-19 Pandemic

By Anthony Argiropoulos & William Gibson

March 26, 2020

Imagine these scenarios: Your company cannot perform a contract because of the COVID-19 pandemic. A vendor informs you that she cannot provide your company with necessary goods because of supply chain issues caused by a governmental emergency declaration. A subcontractor cannot perform because its employees are self-quarantining. These are not hypotheticals. Scenarios like these are playing out around the country. The real-world impact of the COVID-19 pandemic is colliding with contractual requirements, and there is…

Health Law Advisor

Thought Leaders on Laws and Regulations Affecting Health Care and Life Sciences

Blog Authors

Legal Liability of Healthcare Providers for Care Provided During COVID-19 Pandemic

HHS Office for Civil Rights Bulletin on Civil Rights Issues During the COVID-19 Crisis

Some States Are Prioritizing Telehealth Through Section 1135 Waiver Requests

HHS Issues Blanket Waivers for Certain Financial Relationships Subject to the Stark Law

The Race to Embrace Remote Online Notarization (“RON”) in Response to the COVID-19 Pandemic

FDA Issues Update to Guidance for Clinical Trials During the COVID-19 Pandemic

Value-Based Payment Arrangements During the COVID-19 Pandemic

Coronavirus and Cash Shortfalls – What Can You Do to Mitigate the Effects of Coronavirus on Your Organization’s Financial Health?

Secretary Azar Urges Governors to Take Action to Lift Restrictions to Extend the Capacity of the Health Care Workforce

A World Turned Upside Down: Contract Performance During the COVID-19 Pandemic

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