Over the past few months the State of Michigan along with the world has been stricken by a pandemic not seen for the last 100 plus years. Throughout the last few months the learning curve has been steep while the best medical and scientific minds have struggled to learn everything possible about the disease. In …
Special Considerations for Medical Professionals During the COVID-19 Pandemic
On June 1, 2020, the COVID-19 National Emergency will have been effective in the United States for three months. During this time, guidance from federal agencies has been dynamic as the government adapts to the “new normal.” But even as the global health crisis halts nonessential travel and disrupts visa issuance to many foreign nationals, …
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Limitation of Liability During the Coronavirus Pandemic
In response to the COVID-19 pandemic, state and federal authorities have recognized a need for as many trained, experienced, and qualified health care providers as possible. To ensure those providers are fully enabled to provide critical care in response to COVID-19, several laws limit the tort liability of health care providers providing services in response …
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Michigan’s New COVID-19 Requirements for Long-Term Care Facilities
On April 15, 2020, Michigan Governor Gretchen Whitmer issued a new Executive Order, No. 2020-50 (the “E.O.”), to protect residents and staff of long-term care facilities and to ensure continued access of care. This E.O. applies to nursing homes, homes for the aged, adult foster care facilities, or assisted living facilities. The requirements of the …
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Stark Law and Anti-Kickback Statute Waivers for COVID-19
In light of the COVID-19 pandemic, on March 30, 2020, the Secretary of the U.S. Department of Health and Human Services (the “Secretary”) released blanket waivers (the “Waivers”) under Section 1135 of the Social Security Act (the “Act”) as to certain referral-related activities that would normally result in sanctions under the Federal Physician Self-Referral Law, …
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CARES Act Increased Funding for the Public Health and Social Services Emergency Fund
The Coronavirus Aid, Relief, and Economics Security Act (the “CARES Act”) provided additional funding for the U.S. Department of Health and Human Services’ (“Department”) Public Health and Social Services Emergency Fund (the “Fund”) to assist health care providers. The Department’s guidance indicates that the following “providers” that would qualify for funds are large organizations and …
The CARES Act: Changes Specifically Impacting Health Care Providers and Suppliers
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act (the “Act”). The purpose of the Act is to address the numerous areas impacted by the COVID-19 pandemic, including public health, business, economic, and others. This article sets forth major impacts of …
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What Health Care Providers and Suppliers Need to Know about the New Paycheck Protection Program under the CARES Act
The CARES Act establishes a new loan program for small businesses during the period starting on March 1, 2020, and ending on December 31, 2020, and in certain situations forgiveness of such loan, which many health care providers and suppliers should review. Known as “7(a) Paycheck Protection Program loans” (“PPP Loans”), businesses in the health …
CARES Act Expands Funding and Medicare Coverage For Telehealth Services
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, recently passed by Congress and signed into law by President Trump, provides a number of important expansions of telehealth coverage during the public health emergency affecting those in rural areas and home health care patients and establishes significant funding for enhancement of telehealth services by updating …
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SUD Program Privacy Rules Modified by CARES ACT
In this country, people who need Substance Use Disorder (SUD) treatment often choose not to pursue professional treatment, not because of the cost, but because there is a societal negative stigma attached to the disease. In 1975, the federal government acted to eliminate the stigma and simultaneously encourage people suffering from SUD to voluntarily ask …
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