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
- And Then Came COVID...One Health Care System’s Journey to Develop and Sustain an Enterprise Risk Management Program (Health Law Connections, March 1, 2021)
- Women in the Law: Practice in the Pandemic and Beyond (Speaking of Health Law Podcast, March 1, 2021)
- A Summary of CARES Act Provider Relief Efforts (Regulation, Accreditation, and Payment Practice Group Bulletin, February 18, 2021)
- Who Can Administer and Bill Medicare for COVID-19 Vaccinations? (Accreditation, Certification, and Enrollment Affinity Group Bulletin, February 18, 2021)
- Emergency Preparedness and Response in a Pandemic (Academic Medical Centers and Teaching Hospitals Practice Group and Public Health System Affinity Group Briefing, February 11, 2021)
Featured Content
- Update from the Office of the Inspector General - Plenary session at AHLA's Fraud and Compliance Forum featuring remarks by Christi Grimm, Principal Deputy Inspector General, HHS OIG (October 1, 2020).
- Flash Analysis Video Series - 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.
- Current Best Practices and Remaining Challenges in the Workplace – A portion of the panel from the CLEAN2020 Summit, Stage 4, hosted by the International Association of Bioscience & Environmental Criteria (IBEC), featuring remarks by AHLA’s Chief Executive Officer, David S. Cade (October 28, 2020).
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
Women in the Law: Practice in the Pandemic and Beyond (Speaking of Health Law Podcast, March 1, 2021)
Delphine O’Rourke, Partner, Goodwin Procter LLP, speaks to Roberta Liebenberg, Partner, Fine Kaplan and Black, and Stephanie Scharf, Partner, Scharf Banks Marmor LLC, about their pioneering development of surveys dedicated to evaluating the experiences of women lawyers. They analyze the factors that have impacted the careers of women lawyers, such as how the current pandemic has disrupted their careers; the strategies legal employers need to develop to retain and enhance a diverse group of lawyers, including ways to assess and revamp their cultures, policies, and practices; and strategies for women lawyers to self-advocate. From AHLA’s Women’s Leadership Council.
Labor and Employment Issues with COVID-19 Vaccine Distribution (Speaking of Health Law Podcast, January 6, 2021)
Kristin McGurn, Seyfarth Shaw LLP, and William Kishman, Squire Patton Boggs, discuss employment issues related to COVID-19 vaccine distribution. The speakers talk about the recent EEOC guidance, including what employers should do about employee objections to the vaccine, and what sort of accommodations must be made. The podcast also discusses labor union issues, liability protections, and other state and federal guidance. From AHLA's Labor and Employment Practice Group.
Crisis Standards of Care (Speaking of Health Law Podcast, December 18, 2020)
Sarah Swank, Nixon Peabody LLP, speaks with Janis M. Orlowski, MD, Chief Health Care Officer, AAMC, and Lance Gable, Associate Professor of Law, Wayne State Univ., about what providers need to know right now about crisis standards of care to address the COVID-19 pandemic. The podcast discusses how to sustain personnel during the public health emergency, ensuring that fairness underlies the standards, liability issues, and longer term effects likely to inform future planning.
How Long Term Care Providers Can Optimize Provider Relief Funds (Speaking of Health Law Podcast, November 11, 2020)
Clint King and Lori Crocker from Horne LLP talk about how providers can optimize provider relief funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The speakers discuss what types of funds long term care facilities have received, and what they can be used for. They also give tips on how providers can prepare to comply with reporting requirements and audits. Sponsored by Horne LLP.
COVID-19 GC Roundtable – Part 10 (Speaking of Health Law Podcast, November 5, 2020)
In the tenth podcast in this series with general counsel on the front lines of the coronavirus pandemic, Sarah Swank, Counsel, Nixon Peabody LLP, speaks with Charles Whipple, Senior Vice President and Deputy General Counsel, Wellforce, and Joseph Clamon, JD, Chief Legal Counsel, University of Iowa Health Care, 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 patient load and planning for the future, and supply and workforce issues. From AHLA's In-House Counsel Practice Group.
Access past podcasts.
AHLA Analysis
- And Then Came COVID...One Health Care System’s Journey to Develop and Sustain an Enterprise Risk Management Program (Health Law Connections, March 1, 2021)
- A Summary of CARES Act Provider Relief Efforts (Regulation, Accreditation, and Payment Practice Group Bulletin, February 18, 2021)
- Who Can Administer and Bill Medicare for COVID-19 Vaccinations? (Accreditation, Certification, and Enrollment Affinity Group Bulletin, February 18, 2021)
- Emergency Preparedness and Response in a Pandemic (Academic Medical Centers and Teaching Hospitals Practice Group and Public Health System Affinity Group Briefing, February 11, 2021)
- Cybersecurity and Privacy in the Age of COVID: The More Things Change, the More They Stay the Same (Health Law Weekly, January 22, 2021)
- Telemedicine Fraud During the Pandemic and Beyond (Fraud and Abuse Practice Group Briefing, January 12, 2021)
- Virtual Medical Staff Meetings in Light of COVID-19 (Health Law Connections, January 1, 2021)
- Offer or Demand: The COVID-19 Vaccine and Health Care Employers (Labor and Employment Practice Group Briefing, December 21, 2020)
- COVID-19 Will Have a Significant Impact on Hospital Financials, But Not on Antitrust Scrutiny of Hospital Transactions (Antitrust Practice Group Briefing, December 14, 2020)
- Leveraging the FDA’s Digital Health Policies for COVID-19 Solutions (Health Information and Technology Practice Group Bulletin, December 8, 2020)
- Telehealth and the Impact of COVID-19 (Payers, Plans, and Managed Care Practice Group Briefing, December 4, 2020)
Access past articles.
Links to Public Resources
- COVID-19 Crisis Standards of Care: Frequently-asked Questions for Counsel - From the Association of American Medical Colleges.
- 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
- Report Shows Sharp Dip in Nursing Home COVID-19 Cases with Vaccine Rollout (Health Law Weekly, March 5, 2021)
- New Guidance Clarifies Insurer Coverage Requirements for COVID-19 Testing (Health Law Weekly, March 5, 2021)
- CMS Approves California's Medicaid Waiver to Fund COVID-19 Testing for Low-Income Students (Health Law Weekly, March 5, 2021)
- Biden Expects Wide Availability of COVID-19 Vaccines by End of May; Merck to Aid Production of Newly Authorized J&J Shot (Health Law Weekly, March 5, 2021)
- AHIP, BCBSA Announce Initiative to Vaccinate Seniors in Underserved Communities (Health Law Weekly, March 5, 2021)
- Biden Issues Executive Order to Shore Up Critical Supply Chains (Health Law Weekly, February 26, 2021)
- Hospital Revenue Losses Projected to Remain High in 2021 Jeopardizing Access to Care, AHA Says (Health Law Weekly, February 26, 2021)
- J&J Closing in on Emergency Authorization of COVID-19 Vaccine (Health Law Weekly, February 26, 2021)
- OCR Resolution with Health System Aims to Ensure Patients with Disabilities Have Access to Support Persons During COVID (Health Law Weekly, February 26, 2021)
- HHS Moves to Expand COVID-19 Testing (Health Law Weekly, February 19, 2021)
- Biden Touts Deal for Additional Vaccine Doses with Accelerated Delivery Timeline (Health Law Weekly, February 12, 2021)
- FDA Authorizes Emergency Use of Monoclonal Antibody Therapy for COVID-19 (Health Law Weekly, February 12, 2021)
- Administration to Ship Vaccines Directly to Pharmacies (Health Law Weekly, February 5, 2021)
- House, Senate Take Steps to Move COVID Relief Package Using Budget Reconciliation (Health Law Weekly, February 5, 2021)
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 Vaccines: Employment Law Considerations for Health Care Employers (March 24, 2021, 2:00-3:30 PM ET) - Register
This webinar will address the numerous employment law considerations implicated by employee vaccination programs with a focus on health care employers, including discrimination and EEO, wage and hour, privacy, workplace safety, and more.
COVID-19 Liabilities and Government Enforcement (March 16, 2021, 2:00-3:30 PM ET) - Register
2020’s COVID-19 pandemic has provided opportunities for health care providers to recoup some of the damage the pandemic caused, primarily through CARES Act funding and other government waivers and programs. The funding, adverse outcomes, and related regulatory issues associated with the pandemic proved to be a host for new liabilities, fraud theories, new announcements from the DOJ and some new enforcement priorities, including an HHS Working Group designed to assist with priorities such as COVID-19 funding.
COVID-19 One Year Later: Progress Made, Progress Remaining (March 10, 2021, 2:00-3:30 PM ET) - Register
It’s been a year of health plans’ continued response to COVID-19 and its effects on their members, their communities, and the nation. In addition, we anticipate significant shifts in the country’s legislative and regulatory agenda with the transfer of power to the Biden Administration and the Democratic 117th Congress. The panelists in this webinar will explore a range of issues facing health plans as they continue to support the immediate and ongoing COVID-19 response and well beyond as we return to normalcy.
In the Wake of COVID-19: An Update on Employment Law Issues as the Pandemic Progresses (March 9, 2021, 2:00-3:30 PM ET) - Register
Although many employers in the health care industry have continued to operate throughout the pandemic, many have done so with a reduced workforce or scaled-down operations. Now that more and more employers are back to the workplace, employers face a variety of issues, including: the current federal, state, and local guidelines or mandates health care employers must follow with respect to COVID-19; the employment litigation trends with respect to COVID-related claims; how employers should handle new requests for COVID-related accommodations or leave; and the future of remote work in the health care industry.
Diversity in the Health Care Workforce and Taking Stock of the Legal Risks After COVID-19 (February 9, 2021) - Purchase Recording
The discussion focuses on the knowledge gained and the changes made in the months since the pandemic started, and how recent developments, such as new Department of Labor regulations issued September 11, affect who qualifies for emergency paid sick leave and other benefits covered by the Families First Coronavirus Response Act and other existing laws.
Disproportionate Impact of COVID-19 on Minority Populations (January 27, 2021) - Purchase Recording
This on-demand webinar discussed some of the potential reasons for the disproportionate impact—access to testing, treatment, and information; longstanding mistrust of health care institutions; lack of health care fluency or advocacy; and adoption (or lack thereof) of telemedicine modalities—and potential ramifications for failing to address these differences if and when a vaccine is made available, or when the next pandemic emerges and we realize that we did not learn from these very difficult lessons.
The Latest in Financial Stabilization and Recovery Options for Hospitals and Health Care Businesses Post-COVID (January 26, 2021) - Purchase Recording
Even after the public health emergency ends, 2021 may be a challenging year for hospitals and other health care providers as they recover from the unprecedented needs and disruptions of 2020. One estimate is that most hospitals would have to run at 110% capacity for six straight months to make back what was lost—a near impossibility. Based on a series of case studies, this on-demand webinar discussed the go-forward options and related legal pitfalls for hospitals and other providers that are struggling, but still needed to provide and/or expand care in the community.
Changing Guidance on the CARES Act Provider Relief Fund (January 21, 2021) - Purchase Recording
The Provider Relief Fund (PRF) has been a lifeline for many hospitals and other health care providers, but compliance with the PRF’s Terms and Conditions and statutory requirements can be a challenge, in part because guidance from HHS continues to evolve rapidly. Our panel consisted of professionals who have been advising hospitals on how to manage the compliance and accounting risks posed by these changing guidelines. We discussed the most recent PRF compliance guidance from HHS, identifying the questions answered, the questions left open, and the new questions created for hospitals concerning acceptable use and reporting of PRF distributions.
What Hospitals Need to Know About Disparities in Women’s and Maternal Health Care After COVID (January 12, 2021) - Purchase Recording
As health care transitions to value-driven models and the global pandemic highlights the importance of a strong public health system that addresses the needs of vulnerable populations, issues in women’s health, including pregnancy and care for babies and children, are pressing concerns for hospitals, health systems, physicians, and those they serve. This session provided an overview of recent legislative and regulatory actions and proposals, how they may develop, and what they may mean for providers and patients in this time of pandemic.
Health Care M&A: Before, During, and After COVID-19 (December 10, 2020) - Purchase Recording
This panel discussion evaluated the impact of the COVID-19 pandemic on mergers, acquisitions, and other transactions in health care, with particular attention to distressed transactions and valuation issues.
COVID-19 Impact on Fair Market Value in Real Estate Transactions (December 1, 2020) - Purchase Recording
This session was designed to examine the manner in which the COVID-19 pandemic has affected the fair market value of real estate transactions. The session included a discussion of: Stark law waivers—any ability to reduce or waive rent; fair market value for additional cleaning, PPE or technology and equipment due to the pandemic; requests for changes to floor plans in order to maintain social distancing requirements or changes to space and effect on FMV; and more.
Great Minds Think Alike—FMV Challenges in Light of COVID (November 18, 2020) - Purchase Recording
The purpose of this on-demand webinar was to provide information on the pandemic’s impact on market benchmarking and physician compensation fair market value (FMV) assessment in 2021 and beyond. Industry experts covered such topics as: the federal regulatory response to the pandemic; industry provider compensation response to the pandemic; anticipated pandemic impacts on 2021 market benchmark survey data; and more.
Virtual Medical Staff Hearings in the Time of COVID (November 4, 2020) - Purchase Recording
In the time of COVID, hospitals and physicians are participating in virtual, remote medical staff peer review hearings. This on-demand webinar addressed the logistical, strategic, and technical aspects of holding such hearings virtually.
The COVID-19 Pandemic: Fraud and Abuse Compliance Strategies Six Months In (October 27, 2020) - Purchase Recording
This on-demand webinar discussed our move toward the "new normal" and steps that health care leaders can take to avoid future fraud and abuse and compliance headaches. Panelists discussed compliance strategies, the current state of the fraud and abuse laws, the mechanics and potential sunset of key actions (including the Stark blanket waivers), evolving telehealth requirements, CARES Act relief funding, COVID-19 related billing issues, and other hot button topics.
COVID-19: Physician Practice Acquisitions and Divestitures (October 22, 2020) - Purchase Recording
This on-demand webinar discussed 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 (October 7, 2020) - Purchase Recording
This on-demand webinar built 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 provided 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.
Preparing Health Care Providers for a COVID-19 Vaccine (September 23, 2020) - Access Free Recording
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 covered these issues as well as other relevant, pertinent aspects of vaccine law. Sponsored by Pinnacle.
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 (April 16, 2020) - Purchase Recording
- Part II: Designing Transitional Compensation Models During the COVID-19 Pandemic (May 14, 2020) - Purchase Recording
- Part III: Advanced Practice Providers – How the COVID-19 Pandemic Changed the Utilization and Deployment of APPs (June 18, 2020) - Purchase Recording
Value-Based Payments in Public and Not-for-Profit Hospitals in the Age of COVID-19 (June 17, 2020) - Purchase Recording
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 identified and discussed 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 (June 10, 2020) - Purchase Recording
This on-demand webinar covered 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 discussed 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 (May 27, 2020) - Purchase Recording
This on-demand webinar addressed 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 (May 26, 2020) - Purchase Recording
This on-demand webinar discussed 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.
Delivery of Behavioral Health Care Services in the Time of COVID-19: Challenges, Opportunities, and Advocacy (April 15, 2020) - Purchase Recording
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 (April 2, 2020) - Purchase Recording
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, 2020.
Hosted by AHLA, the second webinar “2019 Novel Coronavirus: Health Care Provider Legal Preparedness” was held on February 25, 2020.