HHS Announces the COVID-19 Vaccine Coverage Assistance Fund

On May 3, 2021, the U.S. Department of Health & Human Services (“HHS”) announced the creation of the COVID-19 Coverage Assistance Fund (“CAF”).[i] Providers who administered the vaccine to patients on or after December 14, 2020, can now seek reimbursement for certain amounts they were unable to bill to patients for administering the vaccine. For …

What the American Rescue Plan Means for Employers

The American Rescue Plan (ARP) provides $1.9 trillion dollars in economic stimulus for individuals, certain companies, and municipalities. This blog focuses specifically on what the ARP means for employers. First Coronavirus Response Act (FFCRA) As of January 1, 2021, employers who were originally covered under the FFCRA (employers with fewer than 500 employees) were no …

FDA Authorization of COVID Vaccines – What Does it Mean?

One year ago, in March of 2020, the Secretary of the U.S. Department of Health and Human Services (Secretary) declared that, because of the public health emergency resulting from the number of confirmed cases of 2019 Novel Coronavirus (COVID), circumstances exist to justify the authorization by the Food and Drug Administration (FDA) of emergency use …

EEOC Confirms Employers Can Mandate Employees Have the COVID-19 Vaccine…With Restrictions

With the roll-out of the COVID-19 vaccine for mass consumption, we hypothesized in our piece titled “Can Employers Make Employees Get the COVID-19 Vaccine,” that employers would be able to require employees to get the vaccine subject to limited restrictions. We further noted that our guess was based on the Equal Opportunity Employment Commission’s (EEOC) …

Can Employers Make Employees Get the COVID-19 Vaccine?

With two COVID-19 vaccines set to receive federal approval in the United States in the upcoming weeks, the next question is whether employers can make employees receive the vaccine. The short answer is…yes. And while the typical lawyer answer to any question is “it depends,” that concise “yes” does come with a few caveats. So, …

The OIG’s FAQs Related to COVID-19

The  Office of the Inspector General (“OIG”) for the Department of Health and Human Services (“HHS”) has developed a process for interested parties to obtain regulatory compliance guidance from the OIG prior to pursuing  arrangements related to COVID-19. The OIG has dubbed this process FAQs–Application of OIG’s Administrative Enforcement Authorities to Arrangements Directly Connected to the Coronavirus Disease …

Michigan Governor Rescinds Some and Extends Other Scope of Practice Rules

On July 13, 2020, Michigan Governor Gretchen Whitmer issued Executive Order (“EO”) 2020-150, which renewed and, at the same time, rescinded different relief measures previously granted to health care professionals in Michigan during the COVID-19 state of emergency. On April 1, 2020, to increase access to care in response to COVID-19, the Governor issued EO …

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, …

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 …

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 …