Health Law Monitor

CARES Act Update: HHS Announces Immediate Infusion of $30 Billion  into Health Care System

April 10, 2020

At the April 7, 2020 COVID-19 Task Force Briefing, the Centers for Medicare & Medicaid Services’ (CMS) Administrator, Seema Verma, announced that the first $30 billion of the Title III CARES Act funding will be distributed to Medicare providers by the end of this week. On April 9, 2020, the Department of Health and Human Services (HHS) issued more details about the distribution of and conditions…

OCR Enforcement Discretion for Good-Faith Operation of Community Based Testing

April 10, 2020

Effective immediately, the Department of Health and Human Services (“HHS”) announced its decision to exercise its enforcement discretion in how it applies the Privacy, Security and Breach Notification Rules under the Health Insurance and Portability and Accountability Act of 1996 (“HIPAA”).¹ No enforcement actions will be sought against covered health care providers or their business associates…

Return to Work Guidelines for Virus-Exposed Critical Workers Who Lack Symptoms

April 9, 2020

The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days. Below is a summary of the CDC’s new guidance:

Additional Precautions: The…

HRSA-Funded Health Centers Awarded 1.3 Billion Dollars

April 8, 2020

The U.S. Department of Health and Humans Services (HHS) through the Health Resources and Services Administration (HRSA) awarded more than $1.3 billion to 1,387 HRSA funded health centers in response to the COVID-19 pandemic. “HRSA-funded health centers are part of the backbone of our nation’s health care system, serving 1 in 12 people nationwide,” stated Tom Engels, HRSA Administrator. This much…

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

April 8, 2020

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

April 8, 2020

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

April 7, 2020

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

April 7, 2020

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 

April 6, 2020

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

April 3, 2020

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 

April 2, 2020

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

March 31, 2020

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…