Legal and practical healthcare information.
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2020, Michigan Governor Gretchen Whitmer issued Executive Order (“EO”) 2020-150, which renewed and, at the same time, rescinded different relief measures previously granted to health care professionals in Michigan during the COVID-19 state of emergency.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 …
Continue reading “Michigan Governor Rescinds Some and Extends Other Scope of Practice Rules”
The Centers for Medicare and Medicaid Services recently issued new guidance for healthcare providers on documenting and reporting electronic clinical quality measures (“eCQMs”) for telehealth encounters. The new guidance was intended to provide clarity but may in fact lead to more confusion about what claims will be reimbursed if provided by telehealth methods as opposed …
On June 19, 2020, the Department of Health and Human Services (“HHS”) released its final rule[i] (the “Final Rule”) revising its enforcement of Section 1557 of the Patient Protection and Affordable Care Act (“ACA”).[ii] In this rule, HHS reversed many of the requirements of the prior rule issued in 2016 (the “2016 Rule”).[iii] For example, the Final Rule …
Continue reading “Summary of Key Changes to Rules Implementing ACA Nondiscrimination Provisions”
On June 23, 2020, the Arizona Court of Appeals issued its opinion concerning In Re: MH2019-004895, vacating the trial court’s order for involuntary treatment because the trial court improperly allowed the patient’s clinical liaison to testify about confidential information in violation of the behavioral health professional-client privilege. This opinion has several important changes and clarifications …
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, …
Continue reading “Special Considerations for Medical Professionals During the COVID-19 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 …
Continue reading “Limitation of Liability During the Coronavirus Pandemic”
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 …
Continue reading “Michigan’s New COVID-19 Requirements for Long-Term Care Facilities”
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, …
Continue reading “Stark Law and Anti-Kickback Statute Waivers for COVID-19”
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 …
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 …
Continue reading “The CARES Act: Changes Specifically Impacting Health Care Providers and Suppliers”