Coronavirus Pandemic
This hub includes information to help our members and the public stay up to date on new developments on the coronavirus pandemic, with a specific focus on resources developed by AHLA for the health law community.
AHLA's COVID-19 Community also is available for members to discuss and share information on health law issues related to the coronavirus pandemic.
Just Released
- That Was Then and This Is Now—How the COVID-19 Crisis Changed Telehealth Services: Are the Changes Here to Stay? (Health Law Connections, September 1, 2020)
- COVID-19 GC Roundtable – Part 9 (Speaking of Health Law Podcast, August 31, 2020)
Flash Analysis Video Series
- New Video: Impact of Technology on Health Care Dispute Resolution During COVID-19 - Please share on your social media networks.
- View All Flash Analysis Videos - Includes full video listing by topical area. A Public Service Announcement (PSA) series on the health law disruptions of COVID-19, produced by AHLA, in partnership with dBase Media.
State Law & International Information
- COVID-19 Smart Chart – From Wolters Kluwer, a COVID-19 tool comparing federal and state laws, executive orders, and regulations across multiple jurisdictions.
- COVID-19 Legislative & Regulatory Updates – From LexisNexis State Net, an interactive map, with a link to full text reports for each measure.
- Resource for Organizations Conducting Research in the Developing World Amid COVID-19 Pandemic - AHLA thanks Bass, Berry and Sims for providing this resource.
- COVID-19 Executive Orders: Essential Services, Shelter In Place/Essential Business Master Chart, Reopening Guidelines, and Shelter In Place Extension/Expiration Master Chart - Last updated May 27, 2020. AHLA thanks Waller for providing these resources. If you need additional information, please contact Nicole Watson at [email protected] or Kim Looney at [email protected].
AHLA Podcasts
COVID-19 GC Roundtable – Part 9 (Speaking of Health Law Podcast, August 31, 2020)
In the ninth podcast in this series with general counsel on the front lines of the coronavirus pandemic, Sarah Swank, Counsel, Nixon Peabody LLP, speaks with Dan Peters, Senior Vice President and General Counsel, The University of Kansas Health System, and Stacy Rummel Bratcher, Vice President and Managing General Counsel, University of Southern California, about how the pandemic has affected their jobs and lives. The speakers discuss how their hospitals are managing the pandemic response, including how they are dealing with the relaxed regulations and patient volume and handling medical students. From AHLA's In-House Counsel Practice Group.
Increasing Adoption of Telehealth and its Effect on the Health Care Sector (Speaking of Health Law Podcast, August 13, 2020)
In this podcast, Marshall Jackson, Jr., Partner, McDermott, Will & Emery, and Nate Lacktman, Partner, Foley & Lardner, discuss the effect of public health emergency waivers on telehealth companies and key issues legal counsel should think about when advising virtual care companies, including the intersection of health care and e-commerce. The speakers also discuss fraud and abuse risk assessment and how reimbursement could change with the increased adoption of telehealth.
Rural Health Care and COVID-19, Part 2 (Speaking of Health Law Podcast, August 10, 2020)
In this follow-up to an earlier podcast discussing COVID-19’s impact on rural health care, attorney Ellie Bane speaks with Vonne Jacobs, Principal and Founder, Pharos Healthcare Consulting, Delphine O’Rourke, Partner, Goodwin Procter LLP, Andrea Ferrari, Partner, HealthCare Appraisers, Michael Watters, Chief Legal Officer and General Counsel, Essentia Health, and Steve Clapp, President and CEO, Strategic Healthcare Advisers, about the operational, financial, and regulatory issues that rural providers face as the coronavirus recedes in some communities and surges in others. The panelists discuss how the ongoing COVID-19 crisis affects immediate and long-term strategic planning for rural providers, including opportunities and challenges as models for delivering care shift. They also consider financial implications for facilities and communities, staffing issues, and areas of needed reform from a rural health care provider perspective. From the Public Health System Affinity Group of AHLA's Hospitals and Health Systems Practice Group.
COVID-19 GC Roundtable - Part 8 (Speaking of Health Law Podcast, August 6, 2020)
In the eighth podcast in this series with general counsel on the front lines of the coronavirus pandemic, Sarah Swank, Counsel, Nixon Peabody LLP, speaks with Hal McCard, Senior Vice President, General Counsel and Secretary, Quorum Health, and Peter Leibold, Executive Vice President and Chief Advocacy Officer, Ascension, about how their jobs have changed during the pandemic. The podcast discusses remote workforce issues, how to manage ongoing regulatory changes, supply chain issues, and handling scarce resources. From AHLA's In-House Counsel Practice Group.
Behavioral Health Strategies for Rural Hospitals to Meet COVID-19 Challenges (Speaking of Health Law Podcast, August 3, 2020)
Katie Culver, PYA, P.C., talks with Jeanna Gunville, Polsinelli PC, William Teague, VMG Health, and Anna Whites, Anna Whites Law Office, about their session “Behavioral Health Strategies for Rural Hospitals: Engaging Investor and Community Partners to Increase Access to Care and Meet the COVID-19 Challenges” from AHLA’s 2020 virtual Annual Meeting. The podcast discusses specific issues in delivery of behavioral health services in rural settings, creative and innovative affiliations that address rural care, and exceptions or safe harbors that can be used to protect relationships that address behavioral health needs. The speakers also talk about business and valuation considerations related to inpatient psychiatry services. Sponsored by PYA.
Access past podcasts.
AHLA Analysis
- That Was Then and This Is Now—How the COVID-19 Crisis Changed Telehealth Services: Are the Changes Here to Stay? (Health Law Connections, September 1, 2020)
- Medicare Conditions of Participation COVID-19 Waivers—Managing and Implementing the Waivers in Accordance with Accreditation Standards and Expectations (Hospitals and Health Systems Practice Group Bulletin, August 3, 2020)
- The Expansion of Telemedicine During COVID-19 and Prospects for its Continued Use (Health Law Weekly, July 31, 2020)
- A Delicate Balance: New Privacy Challenges for Public Health Disclosures During the COVID-19 Pandemic (Health Law Weekly, July 24, 2020)
- The Future of CMS 1135 Pandemic Waivers—Will They Survive COVID-19? (Health Law Weekly, July 24, 2020)
- Unmasking the Future of Personal Protective Equipment Costs in the Aftermath of COVID-19: Interventions in Response to Increased Health Care Costs (Hospitals and Health Systems Practice Group Bulletin, July 20, 2020)
- Federal and State WARN Act Obligations for Coronavirus-Related Layoffs (Health Law Weekly, July 17, 2020)
- Health Law Attorneys May Assist Enterprises in Dealing with Lender Concerns (AHLA, July 15, 2020)
- Health Justice Isn’t Just Health: Advancing Equity Amidst COVID-19 (Health Law Weekly, July 10, 2020)
Access past articles.
Links to Public Resources
- Assessing Legal Responses to COVID-19 - Public Health Law Watch report on U.S. policy response.
- Advanced Medical Technology Association - Joint Re-entry Guidance for Health Care Facilities and Medical Device Representatives, issued by AdvaMed, AORN, and AHA.
- Centers for Disease Control and Prevention - Situation summary and global map of outbreak.
- Hospital Legal Preparedness: Relevant Resources - List of resources to help hospitals identify and address legal issues in their emergency preparedness, response, and recovery efforts.
- Centers for Medicare & Medicaid Services - One-stop shop for all CMS guidance and waivers, including state waivers.
- The Council of State Governments - COVID-19 resources for state leaders.
- Food and Drug Administration - Fast facts on the virus, FDA’s role, and medical countermeasures status.
- Johns Hopkins University - Resources designed to raise awareness of prevention and preparedness efforts.
- The Joint Commission - COVID-19 resource page with tools and resources to support health care professionals.
- World Health Organization - Information and guidance from WHO regarding the current outbreak.
AHLA News
- COVID-19 Updates and Developments (Week of September 21) (Health Law Weekly, September 25, 2020)
- CMS To Crack Down On Hospitals That Do Not Report COVID-19 Data Every Day, Documents Show (Health Law Daily, September 25, 2020)
- FDA Grants Emergency Use Authorization For First Point-Of-Care SARS-CoV-2 Antibody Test (Health Law Daily, September 25, 2020)
- Johnson & Johnson’s Coronavirus Vaccine Candidate Enters Phase 3 Trials (Health Law Daily, September 24, 2020)
- Florida RESET Task Force Finalizes Proposal For COVID-19 Liability Protection (Health Law Daily, September 24, 2020)
- CDC Sets October 16 Deadline For States To Submit Plans On Coronavirus Vaccine Distribution (Health Law Daily, September 23, 2020)
- First Wave Of COVID-19 Vaccinations To Go To Essential Workers Who Will Receive Check-Ins From CDC (Health Law Daily, September 23, 2020)
- HHS Resumes Control Over Purchasing And Distribution Of Supplies For The COVID-19 Pandemic (Health Law Daily, September 22, 2020)
- Measure Put Forward By House Democrats Would Relax Repayment Conditions For COVID-19 Medicare Loans (Health Law Daily, September 22, 2020)
- GAO Report Suggests Supply Shortages Still Harming US Pandemic Response (Health Law Daily, September 22, 2020)
- CMS Head Confirms Agency Is Holding Off On Recouping COVID-19 Loans From Providers (Health Law Daily, September 21, 2020)
- COVID-19 Updates and Developments (Week of September 14) (Health Law Weekly, September 18, 2020)
- CMS Lifts Ban On Nursing Home Visitors (Health Law Daily, September 18, 2020)
- FDA Grants Emergency Use Authorization To Visby Medical’s Portable PCR COVID-19 Test Kit (Health Law Daily, September 18, 2020)
Access past articles.
AHLA Preparedness Checklists
- Responding to COVID-19—8 Steps for Hospitals to Protect Patients, Employees, and Communities
- What Hospitals Need to Do to Prepare for a Coronavirus Outbreak: Overview and Checklist
AHLA Webinars
COVID-19: Physician Practice Acquisitions and Divestitures
Date: October 22, 2020
Time: 2:00 - 3:30pm EDT
This webinar will discuss physician practice acquisitions and divestitures during the COVID-19 pandemic, including current and anticipated trends and legal and practical considerations for mitigating legal and business risk.
Emergency Preparedness and Response in a Pandemic: A Hospital Lawyer’s Guide
Date: October 7, 2020
Time: 2:00 - 3:30pm EDT
This webinar will build on the Public Health System Affinity Group’s Emergency Preparedness and Response Bootcamp held in 2019 and the Novel Coronavirus Legal Preparedness Webinar held in February 2020 and will provide hospital and health system counsel with an overview of new considerations and potentially necessary modifications to emergency preparedness and response plans when they are to be activated against the backdrop of the COVID pandemic and public health emergency. As the COVID-19 emergency continues, U.S. hospitals and health systems face an increasing probability of experiencing hurricanes, wildfires, tornadoes and other natural and man-made disasters while still facing stresses from COVID-19, including ongoing community social distancing and quarantine requirements and financial and health issues. The webinar will include special considerations for academic medical centers and safety net hospitals that host residents, medical students, and tertiary care facilities and may be subject to accreditation requirements of the Association of American Medical Colleges and the Accreditation Council for Graduate Medical Education.
Navigating Payer-Provider Litigation in the 2020 Landscape
Date: October 1, 2020
Time: 2:00 - 3:30pm EDT
The current pandemic is impacting payers and providers in different ways, which has changed the normal payer-provider relationship dynamics. This presentation will explore these changes and discuss where we see payer-provider disputes going in the next year as well as how to navigate the current landscape.
Preparing Health Care Providers for a COVID-19 Vaccine
Recorded: September 23, 2020 (Free On-Demand Recording Coming Soon)
When a COVID-19 vaccine is ready for distribution to the public, it will have an immediate impact on the practice of medicine and the legal liabilities of both individual and institutional health care providers. Attorneys advising such individuals and entities, from inside or outside the providers, should take time now to prepare for the legal issues that will ultimately arise once successful development and deployment of an effective vaccine is possible. Even as the COVID-19 pandemic places intense stress on health care providers and legal institutions, it is important to engage with the area of vaccine law to help plan ahead and chart the way out of this crisis. This session will cover these issues as well as other relevant, pertinent aspects of vaccine law.
Cutting Edge Issues and Trends in Health Care Fair Market Value Before, During, and After the COVID-19 Pandemic
This on-demand webinar series examined three cutting edge fair market value (FMV) issues that health care organizations are facing in 2020, in light of the COVID-19 pandemic. Purchase the individual sessions below:
- Part I: Private Equity and FMV Before, During, and After the Covid-19 Pandemic (Recorded on April 16, 2020)
- Part II: Designing Transitional Compensation Models During the COVID-19 Pandemic (Recorded on May 14, 2020)
- Part III: Advanced Practice Providers – How the COVID-19 Pandemic Changed the Utilization and Deployment of APPs (Recorded on June 18, 2020)
Value-Based Payments in Public and Not-for-Profit Hospitals in the Age of COVID-19
Recorded: June 17, 2020
Value-based payments have changed the nature and types of arrangements and transactions between providers. The changes have included increases in risk-based contracting and in alignment strategies that rely on payment principles that were previously less common, such as gainsharing, capitation, and subsidization. This on-demand webinar identifies and discusses the complex and expanding scope of considerations in the context of the new hospital realities created by COVID-19.
Fraud and Abuse in the Age of Coronavirus: Current and Future Federal Criminal and Civil Enforcement Actions
Recorded: June 10, 2020
This on-demand webinar covers the potential criminal and civil exposures, the ongoing government response to monitor and pursue fraud and abuse, and guidance for health care entities who are working in this quickly changing regulatory environment. The panel also discusses DOJ's focus on investigating and prosecuting efforts to take advantage of the pandemic by selling fraudulent services and treatments.
Significant False Claims Act Case Law Developments and Preparing for FCA Enforcement in the Post-COVID-19 World
Recorded: May 27, 2020
This on-demand webinar addresses significant new trends that have emerged regarding FCA enforcement, the likely enforcement actions the government or qui tam relators will undertake stemming from government funding related to COVID-19, and steps health care entities can undertake to reduce exposure to liability.
COVID-19 and Health Information Privacy: Waivers, Enforcement Discretion, and Outstanding Questions
Recorded: May 26, 2020
This on-demand webinar discusses some of the privacy issues raised by COVID-19 under federal and state privacy laws, along with the latest guidance, waivers, and notices of enforcement discretion from the HHS Office for Civil Rights and SAMHSA regarding HIPAA and 42 C.F.R. Part 2.
Impact of Proposed Stark Law Changes on Existing Exceptions and New Blanket Waivers
Recorded: April 30, 2020
This on-demand webinar discusses proposed regulations to the Stark Law that modify existing definitions and existing exceptions, including recent waivers issued by CMS in light of the COVID-19 pandemic.
Delivery of Behavioral Health Care Services in the Time of COVID-19: Challenges, Opportunities, and Advocacy
Recorded: April 15, 2020
This on-demand webinar provides an overview of recent regulatory changes and the impact to access, delivery, and payment for mental health and substance use disorders; reviews ways providers are revising care delivery models in response to the COVID-19-prompted regulatory changes; and advocates for additional changes at local, state, and federal levels.
Coronavirus Preparedness for Health Plans
Recorded: April 2, 2020
This on-demand webinar discusses key guidance, best practices, and other insights on the current coronavirus outbreak from a health insurance and managed care plan perspective.
On-Demand Webinar Series Hosted by CDC’s Public Health Law Program and Center for Preparedness and Response
Hosted by the ABA Health Law Section’s Public Health and Policy Interest Group, the first webinar “2019 Novel Coronavirus: Public Health Legal Preparedness” was held on February 18.
Hosted by AHLA, the second webinar “2019 Novel Coronavirus: Health Care Provider Legal Preparedness” was held on February 25.