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Health Law Monitor

Coronavirus/COVID-19

HIPAA Rules Now Permit Audio-Only Telehealth

On June 13, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced new guidelines clarifying how audio-only telemedicine can comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules).[1] These guidelines were announced in response to Executive Order 14058, issued on…

The Consolidated Appropriations Act, 2022 (March 15, 2022) Provides Five-Month Reprieve for Telehealth Flexibility Upon the Expiration of the COVID-19 Public Health Emergency under 42 U.S.C 1395m(g)(1)(B)

Since January 31, 2020, the federal government has been operating with robust authority to combat the COVID-19 pandemic based on the U.S. Secretary of Health and Human Service’s ongoing declaration of a “public health emergency” (PHE) under 42 U.S.C 1395m(g)(1)(B). Telehealth services have been ubiquitous throughout the pandemic, and the expanded grant of legislative authority under the PHE have…

Potential Showdown Between State Exemptions to COVID-19 Vaccination and Federal Vaccine Mandates in West Virginia.

Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with  employers’ ability to implement mandatory…

Ohio Court Denies Preliminary Injunction Requiring Administration of Ivermectin

An Ohio court attracted national attention when a judge issued a temporary restraining order requiring a hospital to administer ivermectin to a COVID-19 patient.  Another judge has now issued an order denying a motion for preliminary injunction, relieving the hospital of the order to administer the drug.  

By order dated August 23, 2021, an Ohio Court of Common Pleas judge granted a 14-day…

A New COVID-19 Vaccination Order Issued in the City and County of Denver

On August 2, 2021, the Denver Department of Public Health & Environment released an order requiring personnel of certain types of entities to be fully vaccinated against COVID-19 by September 30, 2021. Those types of entities and their personnel bound to the order are:

  • the City and County of Denver;
  • care facilities;
  • hospitals;
  • clinical settings;
  • limited healthcare settings;
  • shelters for people…

Update Guidance for Employers Not Covered by OSHA's COVID-19 ETS

This article was originally published in Jackson Kelly’s Workplace Safety and Health News Alert on June 21, 2021. This guidance is pertinent to health care providers and relates to federal Occupational Safety and Health Administration (OSHA) requirements in various workplaces. Comments to the OSHA guidance issued on June 17, 2021 must be submitted by August 20, 2021.

On May 16, 2021, the Centers…

A Shield Is Upon Us - COVID-19 Protections For Health Care Providers

The West Virginia Legislature recently passed the “COVID-19 Jobs Protection Act,” which is intended to provide immunity to health care providers and health care facilities (among other persons and entities) from claims arising from incidents relating to COVID-19. W. Va. Code 55-19-1 et seq. The new statute went into effect on March 11, 2021 and provides that, “[n]otwithstanding any law to the…

The Issue of Hospital Capacities in the Wake of COVID-19

Gov. Jared Polis entered Executive Order D 2020 249 to clarify the order of operations for the increasing hospital capacity in the State of Colorado. Hospitals were directed to increase their capacity internally by utilizing unused space and supplementing their staffing. If further capacity is needed, the hospitals were directed to decrease the number of elective procedures being performed at the…

Litigating During COVID-19: What we’ve learned and what we can expect going forward. 

Litigants and litigators face unique challenges to effectively prosecute or defend ongoing or anticipated civil actions amid the pandemic. Now, more than seven months since the declaration of a national emergency in the U.S. and with new COVID-19 cases continuing to rise in many regions, flexibility and creativity remain critical to adapt to the evolving nature of one’s “day in court” during…

Update on HHS Recent Changes to the 340B Program’s Reimbursement Rates

A recent decision from the District of Columbia’s Court of Appeals has paved the way for the United States Department of Health and Human Services (“HHS”) to continue its policy of Medicare Part B reimbursement reductions for 340B covered entities.

Background

Congress created the 340B drug pricing program in 1992, requiring certain pharmaceutical manufacturers to sell outpatient drugs at discounted…

CARES Act Update: HHS Disbursing another $20 Billion in Financial Relief

On October 1, 2020, The Department of Health and Human Services (“HHS”), through the Health Resources and Services Administration (“HRSA”) announced the disbursement of another $20 billion in financial relief for certain physician practices and other health care delivery organizations and clinicians who are part of the Coronavirus Aid, Relief and Economic Security Act (“CARES”). Providers will…

CDC Issues New Guidance for Pharmacies

COVID-19 has prompted health care providers and facilities across the United States to re-evaluate their plans for evaluating and treating patients in the face of a global pandemic. Plans have been developed to not only to guide the actual provision of health care, but also general logistics focusing on how to safely ensure the delivery of care occurs.

Recognizing the vital part pharmacies play in…

 

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