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.

Books, Gavel, healthcare law

Will Pandemic Stimulus Payments Result in Whistleblower Lawsuits?

The False Claims Act allows whistleblowers to pursue cases even if the Justice Department decides not to intervene.
columns of historic building

Legislature to Provide COVID-related Financial Relief to Nonprofits

. The new law allows nonprofits to increase the rate at which they spend their endowments for three years, and allows them and their donors to relieve restrictions on gifts indefinitely.
FMLA Forms

DOL Publishes New FMLA Forms – Solicits Input on FMLA

The new forms can be used to comply with the many technical nuances of the FMLA. As with the prior versions, the DOL forms are voluntary.
Healthcare Worker with PPE

Pennsylvania Makes Grants Available to Provide Additional “Hazard” Pay to Employees in Certain Life-Sustaining Occupations

Using funds provided under the federal CARES Act, the Pennsylvania Department of Community and Economic Development has announced a "COVID-19 PA Hazard Pay Grant Program."
covid 19 virus

Delaware and COVID-19: The Effect and Response

The state’s response to the COVID‑19 pandemic appears to have been timely and largely effective.
two cities as puzzle pieces merging together

Federal Antitrust Agencies Release Vertical Merger Guidelines

The new guidelines outline how the Agencies will evaluate whether vertical mergers violate the federal antitrust laws and replace the DOJ’s 1984 Non-Horizontal Merger Guidelines.
Hospital bed in home with wheelchair

Temporary Medicare Billing of Outpatient Hospital Services in the Patient’s Home

On June 19, 2020, CMS issued additional FAQs to clarify the process for billing outpatient hospital services provided by hospital clinical staff in the patient’s home using telecommunication technology during the COVID-19 public health emergency.

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.”
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