Health Law Monitor

West Virginia Providers Beware: The Newly-Passed “Patient Brokering Act” Has Expansive And Uncertain Implications

June 2, 2020

On March 7, 2020 - just as the COVID-19 pandemic was starting to grip the nation - the West Virginia Legislature passed House Bill 4422, titled “The Patient Brokering Act” (hereafter sometimes referred to as the “Act”). Perhaps due to the timing of the COVID-19 pandemic, there has been seemingly scant discussion about the Act, and its potential implications for health care providers. This article…

Reminder for Health Care Providers: Communicate and Document to Help Avoid Litigation

May 27, 2020

As we begin to “reopen” following the initial assault from COVID-19, health care providers continue to adjust to the “new normal” of practicing medicine during an ongoing pandemic. Amid discussions of personal protective equipment, installation of plexiglass waiting room enclosures and increased testing availability, it is important to remember some basics to help avoid litigation. For health…

Status of West Virginia State and Federal Courts

May 20, 2020

West Virginia State Courts 

On March 22, the Supreme Court of Appeals declared a “judicial emergency” due to the Covid-19 public health crisis and suspended trials, in person hearings, and deadlines. Subsequent orders extended the emergency period to May 15. On May 6, 2020, the Court ended the emergency declaration by issuing a “Resumption of Operations” order and “Covid-19 Resumption of…

COVID-19 Exposure: Health Care Provider Liability Immunity and Protections

May 13, 2020

As health care professionals across the country are working to respond to the COVID-19 pandemic, providers are having to step in to fill critical shortages outside their respective field of practice. This is creating a growing concern about potential liability. In a letter dated April 2, 2020, the Colorado Medical Society implored Governor Jared Polis to expand liability protections for health…

Healthcare Debtors Receive Court Relief (For Now) from the SBA’s Rule against Debtors Receiving PPP Loans—Some Lawmakers Want Permanent Relief

May 7, 2020

While many ICUs in various parts of the country have been overwhelmed with COVID-19 patients, many healthcare providers have suffered significant financial losses due to non-emergent visits and elective procedures being put on hold while states prepared for their respective peaks for COVID-19 cases. Several healthcare providers, including large hospital systems, have filed for bankruptcy in the…

Play it Again Sam—CMS Issues Round Two of Telehealth Changes

May 4, 2020

CMS has issued more telehealth regulatory flexibilities in light of the COVID-19 public health emergency (PHE), including new blanket waivers,¹ guidance for rural health clinics (RHCs) and federally qualified health centers (FQHCs) under the CARES Act, and a new interim final rule issued April 30, 2020 (IFC).² 

Additions to List of Eligible Providers

For the remainder of the PHE, physical…

COVID-19 Tort Reform: Senate Majority Leader McConnell pushes for liability protection for businesses and hospitals

May 1, 2020

Now that parts of society are planning to begin the first phase of reopening, policy makers are considering what legal and regulatory obstacles businesses and healthcare providers might face. On Tuesday, U.S. Senate Majority Leader Mitch McConnell said a “condition” for the next coronavirus bill must include liability protections for businesses and hospitals.¹ 

“My red line going forward on this…

CARES Act Update: HHS Announces Details of $70 Billion Infusion into Health Care System

April 23, 2020

On April 22, 2020, the Department of Health and Human Services (“HHS”) announced how it will allocate a large portion of the remaining $70 billion of funding established by Title III of the CARES Act (the “Provider Relief Fund”) to certain health care providers impacted by COVID-19. As addressed in a prior Jackson Kelly Health Law Monitor article, HHS announced on April 9, 2020 that it would…

Health Care Provider Liability Exposure in the Age of COVID-19

April 22, 2020

Our nation’s health care providers have resoundingly answered the call for extraordinary responses to the extraordinary demands of COVID-19 public health crisis. Many providers show up to work to meet the unique demands of COVID-19 patients, but for others, the pandemic radically altered normal practices through deferral of certain treatments and procedures, replacement of office visits with…

COVID-19 Update: Providers participating in COVID-19 clinical trials now eligible for MIPS credit

April 21, 2020

A recent announcement by the Centers for Medicare & Medicaid Services (CMS) provides that clinicians in the Quality Payment Program (QPP) are eligible to earn Merit-based Incentive Program System (MIPS) credit for participating in the “MIPS COVID-19 Clinical Trials” improvement activity. To receive credit for this new measure, clinicians must attest that they are participating in a COVID-19…

CMS Issues Recommendation to Re-Open Health Care Systems with Low Incidence of COVID-19

April 20, 2020

A decline in COVID-19 cases and stabilization has prompted conversation regarding Phase 1 in the Whitehouse’s Guidelines for Opening Up America. The Centers for Medicare & Medicaid Services (CMS) issued guidelines for gradually re-opening health care systems to provide essential non-COVID-19 care to patients in those areas with low, or relatively low and stable incidence of COVID-19. The…

Considerations for Physicians Asked to Practice Outside Their Normal Scope of Practice

April 13, 2020

To alleviate pressure on healthcare systems and hospitals caused by the Coronavirus outbreak, physicians may be asked – or may volunteer – to work outside their usual scope of practice and/or in unfamiliar surroundings to treat patients. Before a physician agrees to work outside his/her normal scope of practice to care for Coronavirus patients, several considerations are important. These include…