Health Care Today | Health Law Blog

On March 27^th, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act (“Act”). The Act is a massive piece of legislation, covering a number of aspects of economic life, including programs to maintain employment, assist workers, families and businesses, supporting the health care system, and providing assistance to distressed sectors of the U.S. economy.

The Office for Civil Rights (OCR) has relaxed HIPAA privacy rules for health care providers engaging in telehealth activities during the COVID-19 public health emergency. To provide greater clarity to the Notification of Enforcement Discretion regarding COVID-19 released on March 17, 2020 (available here), the OCR has released FAQs available here.

The FBI, Department of Justice and HHS Office of Inspector General are asking health care providers to be on the lookout for scams regarding the sale of counterfeit personal protective equipment (PPE) such as gowns, goggles or full-face shields, and N95 respirator masks as required PPE during the COVID-19 outbreak.

On March 17, 2020, the Office of Inspector General (“OIG”) issued a Policy Statement that will provide yet another avenue of relief from regulatory requirements as health care providers across the nation deal with the COVID-19 public health emergency.

This specific action by the OIG relieves physicians and other health care practitioners from administrative sanctions if they reduce or waive any cost-sharing obligations from federal health care beneficiaries seeking telehealth services.

As the virus continues to spread, U.S. hospitals will likely see increasing numbers of potential cases of COVID-19 in their emergency departments. Hospitals are obligated under the Emergency Medical Treatment and Labor Act (EMTALA) to provide these individuals with certain examinations and, if necessary, stabilizing treatment or transfer. This raises a host of issues for hospitals that receive these individuals for care, including capacity and resource concerns, and the risks these individuals may pose to medical personnel and other people in the vicinity, including other patients and staff.

Effective March 15, 2020, the Department of Health and Human Services (HHS) issued a Bulletin announcing that HHS Secretary Alex Azar has exercised his authority to waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the HIPAA Privacy Rule.

A recent article published in Part B News features an interview with Greensfelder Officer Lucie Huger about the implications of a court ruling on medical record fees charged to patients and third parties.

In an article titled “Quick tips for employers as coronavirus outbreak continues,” Greensfelder attorney Amy Blaisdell discusses the steps employers can take as a precaution when dealing with sick employees. From the article:

The February 2020 issue of the health care industry publication Hospital Peer Review features interviews with Greensfelder attorneys Amy Blaisdell and Kathy Butler on what hospitals should know about the risks and protections related to the peer review process. 

In the Winter edition of Dental Sleep Practice, Greensfelder attorney Jayme Matchinski discusses the key issues and regulations dentists and dental practices should consider and navigate with the increase in telemedicine services. From the publication:

The expansion of telemedicine is changing the landscape of providing Dental Sleep Medicine and oral appliances. This article will address key issues and regulations dentists and dental practices should consider and navigate in order to avoid potential pitfalls and liability.