Articles and Blogs

Until today, the United States Drug Enforcement Agency (the “DEA”) has prohibited telemedicine prescribing of controlled substances unless the provider had previously seen the patient in a traditional in‑person physical encounter, or under other various narrow circumstances. But today, the DEA invoked their emergency authority at 21 U.S.C. § 802(54)(D) to permit telemedicine prescribing of…Read More

When landlords and tenants negotiated their leases, they probably did not have COVID-19 in mind. They could not have reasonably anticipated that a global pandemic could bring the global economy (as well as toilet paper inventory) to a grinding halt, reshaping how businesses operate for at least the near future. As a result, there are…Read More

On March 13, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a second revision of a memorandum entitled “Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (“COVID-19”) in nursing homes (REVISED)” (“QSO Memo”) that announced recommendations for skilled nursing facilities (“SNFs”) regarding restricting visitors, transfers to…Read More

President Trump Issues Federal Emergency Declaration President Trump issued a federal emergency declaration on Friday, freeing up $50 billion in additional funding to help combat the virus. The president’s declaration will give the Department of Health and Human Services (“HHS”) the authority to waive certain regulations and laws in an effort to deliver care and…Read More

Updated on 3/17/2020 As we constantly monitor Washington for information relevant to healthcare employers, we have learned that “fluid” is an understatement. In the few hours that it takes to read, digest and summarize acts of Congress for you, the bills have been revised, sometimes dramatically. Accordingly, until the president has signed the FMLA Expansion…Read More

Employers and employees alike are concerned about many aspects of how COVID-19 will impact their lives. One concern is how to pay for testing and treatment. The first indications of the way forward have come to light. State Insurance Regulators Act At least three states have directed insurance carriers to waive all health plan cost-sharing…Read More

Updated on 3/16/2020 With concerns over the spread of a novel coronavirus (“COVID-19”), hospitals and health care providers face a unique situation as employers and care providers. As a result, health care employers will need to navigate a variety of legal obligations in preparing for and responding to potential COVID-19 cases, as well as potentially…Read More

On March 3, 2020, the Health and Human Services Office for Civil Rights (“OCR”) announced a $100,000 settlement with a physician practice (“Practice”) that it found to be significantly out of compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). While OCR was investigating the Practice’s complaint against a…Read More

HHS Releases Finalized Interoperability Rules The long-awaited final rules from CMS and HHS’s Office of the National Coordinator for Health Information Technology (“ONC”) were released this morning. The agencies unveiled final versions of companion interoperability and information-blocking proposals. The ONC rule implements Conditions and Maintenance of Certification requirements for health information technology developers. The CMS…Read More