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.

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?
Covid Virus

The Families First Coronavirus Response Act (H.R. 6201): Key Provisions for Employers

This piece of legislation will extend additional assistance and protections to individuals and businesses affected by the COVID-19 crisis.

Medicaid Fiscal Accountability Regulation Receives Widespread Rebuke from Industry and States

The matching structure at the heart of the Medicaid program creates an inherent tension between federal and state financing of the program.

Is Your Company Prepared for the COVID-19 Coronavirus?

With the likelihood of its further proliferation in the coming weeks and months, employers need to be prepared to face myriad issues related to COVID-19.
man talking to doctor on phone video chat

New Tele-Behavioral Health Guidelines

Prior to the issuance of this Bulletin, only Medicaid-enrolled psychiatrists and licensed psychologists in the Behavioral Health HealthChoices Program were covered to use telehealth technology to provide behavioral health services.
nurse holding patients hands

Nursing Homes Should Expect Stricter Enforcement

Enhanced enforcement is the agency’s next step in the previously announced five-part initiative to improve nursing home quality and safety standards.
Stethoscope on Money

Why U.S. Health Care Has So Many Payment Methodologies

There are various, often incompatible, models from which to choose, and competing incentives that pull you, as the decision-maker, in different directions.
medical records folders

Fee Limits for Third-party Medical Record Requests Struck Down by Federal Court

HIPAA covered entities and business associates that fulfill release of information requests on behalf of covered entities should review their current policies and procedures.
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