Health Law MonitorWEST VIRGINIA GETS COVID-19March 18, 2020 On March 17, 2020 at 6p.m. West Virginia’s Governor Jim Justice announced the State’s much anticipated first positive COVID-19 test result.1 It was explained during the Governor’s announcement that the result was identified in the Eastern Panhandle of West Virginia. News reports and WV DHHR state that the COVID-19 positive patient is not hospitalized but is receiving out-patient care. The… Federal Government Temporarily Expanding Telehealth in Response to COVID-19March 17, 2020 The COVID-19 global pandemic caused the President of the United States to declare a national emergency. During this nationwide public health emergency, when clinical health care providers (“clinicians”) are in high demand and short supply, it is increasingly important for clinicians to seek innovative ways to help as many patients as possible. One of those ways is through telehealth. Telehealth… How EMTALA Changes During A PandemicMarch 16, 2020 The Emergency Medical Treatment and Active Labor Act (“EMTALA”) requires a hospital to properly screen and stabilize all patients that present to the emergency room for care.1 There is inherent tension between a hospital’s legal and ethical obligations and the realities of responding to a pandemic disaster. During the current COVID-19 pandemic, the significant surge the health care system is… Beware! Hackers Using the COVID-19 Crisis as OpportunityMarch 16, 2020 As the COVID-19 pandemic escalates in the United States, it appears that hackers are using the crisis as an opportunity to exploit victims. The United States Department of Health and Human Services was the victim of a cyber-attack that occurred on March 16, 2020.1 Additionally, in recent weeks, various businesses and consumers have reported an increase in COVID-19-related “phishing” attempts.2 … Kentucky Court ClosuresMarch 13, 2020 By order of the Governor, Kentucky has suspended all civil dockets through April 10, 2020. Only limited emergency matters will be heard. Courtroom attendance will be limited to only necessary parties and courthouse access is subject to warnings regarding health and travel history. West Virginia Issues COVID-19 Guidance for Circuit CourtsMarch 13, 2020 On March 12, 2020, the Supreme Court of Appeals of West Virginia issues a “COVID-19 Planning Document.” Recognizing the “serious public health risk” presented by the coronavirus, or COVID-19, the Court provided guidance to “all court systems, court affiliates, and court personnel throughout West Virginia, and supplements general guidance issued by federal, state, and local health authorities.”… Expedited Credentialing and Addressing Staffing Shortages During Coronavirus PandemicMarch 12, 2020 Hospitals should anticipate coronavirus patients filling hospital beds from coast to coast based on projections for COVID-19 spread. Healthcare workers, and healthcare providers may become patients needing treatment for the virus resulting in possible shortages of staffing at hospitals, urgent care centers, and even nursing homes. Hospitals should have policies in place related to the… Documenting the Standard of Care during a PandemicMarch 11, 2020 The Coronavirus (COVID-19) is spreading through the United States, and the CDC is forecasting continued infection. More and more people could develop symptoms and arrive at hospitals for help. So, what do we know about the standard of care for healthcare providers in these scenarios? In most states, standard of care is defined by statute and is typically described as that level of care that a… WV Supreme Court Dismisses Medical Professional Liability Claim Where Patient Left AMANovember 11, 2019 In Kruse v. Farid, Slip. Op. No. 18-0464 (W.Va. Nov. 8, 2019), the Supreme Court of Appeals of West Virginia affirmed summary judgment “finding that [the defendant physician] did not have a duty to provide follow-up medical care after Ms. Kruse left Raleigh General Hospital against medical advice (‘AMA’).” After Dr. Farid performed a procedure which included the placement of stents that had to be… Dental Practice Social Media Post Results in Fine by RegulatorsOctober 16, 2019 In a recent resolution agreement between Elite Dental Associates (“Elite”), a dental practice in Dallas, Texas, and the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”), the OCR alleged that Elite impermissibly disclosed patients' protected health information (“PHI”) in its responses to patient reviews on the social media site Yelp. As part of its investigation,… West Virginia Legislature Clarifies 1% Assessment Pursuant to W. Va. Code § 29-12D-1aMay 21, 2018 Since W. Va. Code § 29-12D-1a went into effect on July 1, 2016, there has been disagreement among counsel as to which party is responsible for paying the 1% assessment when a medical malpractice case is settled prior to trial. According to W. Va. Code § 29-12D-1a(c)(3) (2016), “[f]or any assessment levied pursuant to this subsection on a settlement entered into by the parties, the date on which… ONC Report on Policy Gaps for Privacy and Security of mHealth DataAugust 31, 2016 In July, the Office of the National Coordinator for Health Information Technology (“ONC”) released a report that examines the oversight of the privacy and security of health data collected by entities not regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The report primarily focuses on two areas of emerging technologies provided by entities that are not… |
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