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Health Law Monitor

Coronavirus/COVID-19

CARES Act Update: CMS to Distribute $30 Billion to Medicare Providers by Week’s End

Title III of the Coronavirus Aid, Relief and Economic Security (CARES) Act contains various provisions intended to support America’s health care system in responding to the COVID-19 pandemic. While the CARES Act includes $100 billion in new funding to reimburse “eligible health care providers” for “health care related expenses or lost revenues that are attributable to coronavirus,” specific…

OIG Issues Enforcement Guidance on Anti-Kickback Law during COVID-19 Emergency

On April 3, 2020, the United States Department of Health and Human Services’ Office of Inspector General (“OIG”) issued a Policy Statement announcing that it would exercise its discretion not to impose administrative sanctions under the federal Anti-Kickback Law (42 U.S.C. § 1320a-7b(b)) for certain types of conduct. 

The federal Anti-Kickback Law typically prohibits the solicitation, offer,…

CMS Promotes Expansion of Telehealth to Fight COVID-19

Healthcare providers fight the COVID-19 public health crisis on the front lines and at the same time must be able to adapt and use telehealth technology to not only protect their patients, but to also protect their employees, staff, themselves and their families.

Congress recognizing this crucial predicament, passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which…

Hospitals and Healthcare Organizations Found To Be Increasingly Vulnerable To Cyberattacks During COVID-19 Pandemic

On April 4, 2020, Interpol issued a Purple Notice regarding a heightened ransomware1 threat to hospitals.2  An Interpol Purple Notice seeks “to provide information on modus operandi, objects, devices and concealment methods used by criminals.”3  According to Interpol, hospitals and other “organizations at the forefront of the global response to the COVID-19 outbreak…have also become targets of…

West Virginia Insurance Commissioner Issues Orders and Bulletins related to COVID-19 Crisis 

West Virginia Insurance Commissioner Jim Dodrill has been active in dealing with the COVID-19 crisis, issuing six Emergency Orders and a series of Insurance Bulletins. The Commissioner started issuing Bulletins on March 9, 2020.  On March 13, 2020, the Commissioner declared an “insurance emergency” which by statute provides him with authority to change deadlines and rules and issue orders to…

CARES Act – Economic Relief Opportunities for Our Health Partners

The Coronavirus Aid, Relief and Economic Security (CARES) Act authorized $2.2 trillion in financial assistance to help individuals and business through the economic hardships caused by the COVID-19 pandemic. This economic relief includes critical financial resources for the health care system.

Title III of the CARES Act contains various provisions intended to support America’s health care system…

CMS Expands Blanket Waivers Available to Ease Burdens on the Health Care System 

As the nation’s health care system struggles to manage the influx of COVID-19 patients, the government has taken aggressive action to expand blanket waivers and new rules to ease the regulatory burdens on the system. The Centers for Medicare & Medicaid Services (CMS) announced the waivers on March 30, 2020, with a retroactive effective date of March 1, 2020, and the waivers will continue until…

CMS Issues Stark Law Blanket Waivers

On March 30, 2020, CMS issued blanket 1135 waivers of Section 1877 (g) of the Social Security Act (the “Act”), also commonly referred to as the “Stark Law”1 in response to the COVID-19 National Emergency in the United States. The waivers are retroactive to March 1, 2020.  This means that providers can rely on these waivers without notifying CMS.

Both prerequisites to issue 1135 waivers were…

WVBOP COVID-19 Emergency Licensure Rules

On March 20, WVBOP issued a memo containing various updates regarding the COVID-19 crisis, including “out of state pharmacy staffing.”1 The Board explained that West Virginia Code Section 30-5-6(5) gives the Board the authority to “determine the qualifications of any applicant for a license, permit, and registration.” Due to COVID-19 and an anticipated shortage of healthcare workers, the Board…

CARES Act: Dramatic Changes Made to Substance Use Disorder Confidentiality Protections

On March 27, President Trump signed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. Much attention has been given to the economic relief features of the CARES Act. However, Section 3221 of the CARES Act has also made sweeping and dramatic changes to requirements pertaining to the confidentiality of substance use disorder (“SUD”) data. The COVID-19…

Emergency Rules for WV Board of Medicine and Board of Osteopathic Medicine

West Virginia Board of Medicine

1.    Temporary Suspension of Certain Provisions West Virginia Code of Regulations Regarding Licensure for Physicians and Physician Assistants

On March 16, 2020, West Virginia Governor, Jim Justice, declared a State of Emergency to address the COVID-19 pandemic. Governor Justice delegated “to all state agencies the ability to suspend rules, if strict compliance…

UPDATED - Kentucky General Assembly Makes Healthcare Changes in Response to COVID-19

On March 30, 2020, Governor Beshear signed Senate Bill 150, which addresses COVID-19 effects on the Commonwealth, specifically to allow for quick response by the healthcare system and protect those responding to the emergency. 

Here’s what you need to know:

  • Telehealth, Section (4): Unless prohibited or limited by federal law, a provider who establishes a patient-provider relationship may provide…

 

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