Health Law Observer

Timely insights and legal commentary on various health care issues and developments surrounding regulations, employment, transactions and a range of key industry matters. This blog is maintained by the Health Care Department of Stevens & Lee.

CMS Innovation Center Adjusts Various Programs on Account of COVID-19

Among other changes, as well as potential changes yet to be announced, the CMS Innovation Center made adjustments to timelines/deadlines as well as quality and financial methodologies to account for the impact, delay and other adverse consequences of the pandemic.

The U.S. Supreme Court Rules That Federal Law Bars Discrimination Against Gay and Transgender Workers

On June 15, 2020, the United States Supreme Court ruled, in a 6-3 decision, that Title VII of the Civil Rights Act, which bans discrimination “because of … sex,” covers sexual orientation and gender identity.
form that reads paycheck protection program covid-19

Paycheck Protection Program Flexibility Act of 2020: What You Need to Know

The PPP Flexibility Act modifies the Paycheck Protection Program to make it easier for borrowers to achieve forgiveness of PPP loans by extending critical timelines and easing certain restrictions.
Covid Virus

Pennsylvania DOH Issues Updated Guidance Addressing COVID-19 Testing in Long-Term Care Facilities

Unlike PA-HAN-508, which addressed the transmission of COVID-19 in skilled nursing facilities, this updated and expanded guidance applies more broadly to all long-term care facilities.
Implications of Federal Court’s Ruling

Protecting Health Care Providers in the Time of COVID-19 – The Provision of Legal Immunity

Since the COVID-19 outbreak began, many states have acted to protect their health care workers and facilities by providing them with civil, and, in some instances, criminal, immunity in connection with their fight against COVID-19.
doctor holding swab and testing tube

Pennsylvania DOH Recommends Universal Testing for Nursing Home Residents and Staff

On May 12, 2020, the Pennsylvania Department of Health (“DOH”) released new guidance announcing a universal testing strategy for Skilled Nursing Facilities in the state intended to help prevent and control infection in long-term care facilities.
photo of walkway and a wheelchair

New Jersey DOH Conducting Universal Testing for All Long-Term Care Facilities

The New Jersey Department of Health launched a pilot program last month aimed at testing all 3,700 residents and staff at 16 southern New Jersey long-term care facilities.
Occupational Health and Safety Administration

You May Expect to Hear from OSHA

Federal workplace safety inspectors from OSHA are ramping up enforcement efforts at health care facilities during the COVID-19 pandemic.
reimbursements

How to Get Reimbursed for Uninsured COVID-19 Testing and Treatment

An overview of the process for health care providers to submit claims and be reimbursed for COVID-19 testing, testing-related visits and treatment for the uninsured was announced today.
Healthcare Worker with PPE

Pennsylvania DOH Releases Interim Crisis Standards of Care for Pandemic Guidelines

Yesterday, the Pennsylvania Department of Health released interim guidelines to help health care professionals, clinics, and facilities triage and provide care during pandemic and disaster situations when patient needs may overwhelm health care resources.

$450 Million Dedicated to Help Pennsylvania Hospitals During COVID-19 Pandemic

Beginning April 13, 2020, Pennsylvania hospitals are able to apply for up to $10 million in low-interest (0.5%), short-term loans under a new loan program announced by Gov. Tom Wolf.
Doctors on a phone

Eligible Health Care Providers Can Apply Now for Telehealth Funding from the FCC

The FCC has provided examples of services and devices that can be funded by the COVID-19 Telehealth Program.

PA Governor’s Order for Targeted Distribution of COVID-19 PPE and Supplies

The Order applies to “private, public, and quasi-public health care providers, as well as suppliers and manufacturers of these essential supplies and equipment."
HIPAA Privacy and Security

HHS Announces Waiver of Sanctions and Penalties for Certain Uses and Disclosures of PHI Under HIPAA During the COVID-19 Pandemic

The Bulletin and Notification should provide more flexibility to covered entities and business associates to use and disclose PHI in responding to the COVID-19 pandemic.
Emergency Room Sign

Centers for Medicare & Medicaid Services Issues Elective Medical Services Recommendations

On April 7, 2020, CMS issued new recommendations for non-emergent elective medical services in response to the ongoing surge of acute care COVID-19 patients.
Doctors on a phone

CMS Expands Medicare Coverage of Telehealth Services in Response to COVID-19 Pandemic

The expanded use of telehealth services allows the vulnerable Medicare population to maintain access to care without exposure to other patients and providers.

Telehealth Providers Permitted to Waive Co-Pays for Medicare Patients During COVID-19

Additional Guidance issued by the OIG on March 24, 2020 clarified that the Policy Statement is not limited to the services governed by 42 C.F.R. § 410.78 and referred to by CMS as “telehealth visits.”
COVID-19 Code Background

HIPAA-Compliant Disclosure of COVID-19 Cases to First Responders and Others

Citing particular provisions of the HIPAA regulations that permit disclosures without HIPAA authorization, the guidance provides a number of scenarios that may be relevant to the current pandemic.
Doctor Talking with Woman

The Joint Commission and the COVID-19 Crisis

TJC created a resource page on its website which brings together all of its internal guidance as well as links to government and other materials.
Stethoscope on Money

Blanket Stark Law Waivers Due to COVID-19

The HHS Secretary issued temporary but broad blanket waivers of certain requirements of the Stark Law in order to allow health care providers additional regulatory flexibility to address the COVID-19 crisis.
Pennsylvania Coronavirus

CMS Approves Pennsylvania Section 1135 Waiver Requests in Connection with COVID-19 Pandemic

This CMS response only covers Section 1135 waivers. Waiver or modification requests requiring approval authority under any section other than 1135 will be addressed separately by CMS.
CARES ACT

Coronavirus Aid, Relief and Economic Security (CARES) Act: Summary of Emergency Appropriations and Other Relief Provisions for the Health Care Industry

Among other things, the CARES Act provides emergency appropriations and other relief provisions to the health care industry in responding to the COVID-19 crisis.
reports with magnifying glass

CMS Expands Accelerated/Advance Medicare Payment Program During COVID-19 Public Health Emergency

CMS has expanded its Accelerated and Advance Payment Program to a broader group of Medicare Part A providers and Part B suppliers during the COVID-19 public health emergency.
Piggy Bank wiht Money and Computer

Value-Based Contracting in the Era of COVID-19

With the onset of the COVID-19 pandemic, , what are health care providers to do in terms of meeting their valued-based contracting obligations?
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