Articles and Blogs

On Tuesday, October 10, 2023, the Drug Enforcement Administration (“DEA”) and the Department of Health and Human Services (“HHS”) issued a second temporary rule (the “Second Temporary Rule”) extending the effective period for the COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications (“telemedicine flexibilities”). These telemedicine flexibilities were previously extended by an earlier temporary... READ MORE

During the COVID pandemic, more and more long-term care providers turned to staffing agencies to fill shifts and staffing shortfalls. Indiana Governor Eric Holcomb recently signed Indiana House Enrolled Act No. 1461 (the “Staffing Agency Law”) into law. The Staffing Agency Law contains several changes to laws that impact Indiana long-term care providers and... READ MORE

On May 2, 2023, the Wisconsin Supreme Court upheld the reversal of a trial court order compelling a hospital to administer Ivermectin to a patient suffering from COVID-19. In what had the potential to be a knock-out case addressing appropriate standards of care, patient rights and doctor shopping, the Supreme Court instead affirmed the... READ MORE

On January 30, 2023, the Biden Administration announced the COVID public health emergency (“PHE”) will expire and end on May 11, 2023. The end of the PHE has a significant impact on skilled nursing facilities (“SNFs”) as it ends the remaining regulatory blanket waivers, revisits resident Medicaid eligibility and changes many COVID regulations that... READ MORE

The Health Resources and Services Administration (“HRSA”) recently announced that hospitals have until March 23, 2023, to object to the release of certain data related to COVID-19 Provider Relief Fund (“PRF”) high-impact payments.  Although the scope of the release is limited, hospitals that do not respond by the deadline will be considered to have... READ MORE

On February 10, 2023, the Office for Human Research Protections (“OHRP”) announced that the COVID-19 single institutional review board (“IRB”) exception determination will expire on May 11, 2023, consistent with the expiration of the COVID-19 Public Health Emergency (“PHE”). With the expiration of the COVID-19 single IRB exception determination (the “COVID-19 Exception Determination”), research... READ MORE

On May 25, 2022, the Wisconsin Court of Appeals reversed the circuit court’s ruling which granted an injunction compelling a Wisconsin health system to administer Ivermectin to a patient with COVID-19. The appellate court found that the circuit court erred in granting the injunction because the Petitioner could not identify any viable legal claim... READ MORE

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent.... READ MORE

On November 30, 2021, a federal district court in Louisiana granted a nationwide injunction against the implementation of CMS’s Interim Final Rule requiring vaccines (“IFR”) for employees and providers at most health care facilities. The government promptly appealed that injunction. The Fifth Circuit has not yet ruled on the merits but on December 15... READ MORE

On November 4, the Occupational Safety and Health Administration (“OSHA”) released its highly anticipated new Emergency Temporary Standard (“ETS”) requiring companies with 100 or more employees to mandate vaccination of their employees. In addition to the OSHA ETS, CMS simultaneously released its Interim Final Rule (“IFR”) regarding COVID-19 vaccination for covered facilities that receive... READ MORE