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.
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].
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 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 Disproportionate Impact on Minority Populations: An Update (March 24, 2022) - Purchase Recording
In a webinar last January, we discussed potential reasons why COVID-19 had a disproportionate impact on minority populations. Since then—despite vaccines, boosters, and more public health knowledge—CDC data continues to show that racial and ethnic minority groups continue to be at higher risk of getting sick and dying from COVID-19. This webinar discussed policy changes that stakeholders have implemented in an attempt to address this disproportionate impact, sometimes to little effect, and further explored causes for the disparities, including social determinants of health, vaccine hesitancy, and racial inequity.
COVID-19 Vaccination Approvals: A Legal and Bioethical Framework (February 24, 2022) - Purchase Recording
This webinar focused on the FDA vaccine approval process, how the practice of medicine permits offlabel uses for FDA-approved products, the challenges operating within the confines of an Emergency Use Authorization (EUA), and other life sciences aspects of using pharmaceuticals to quell the COVID-19 pandemic. Panelists also addressed bioethical considerations regarding vaccines, vaccine mandates, and vaccine trials, including how EUAs may undermine clinical research and data collection.
The Impact of COVID-19 on Vulnerable Populations and the Response of Public Health (February 15, 2022) - Purchase Recording
This webinar discussed the response of tribal and migrant communities to the COVID-19 pandemic as well as actions uniquely available to these communities versus other communities. Discussion topics include: How were these communities able to engage in outreach actions to inform their constituents/tribal members? How did actions like road/gate closures impact the ability to keep community members safe? What were the unique obstacles to keeping these communities safe? How are providers and individuals able to build trust with authorities? Did any public health relationships/arrangements assist in keeping the communities safe or vaccinated?
Key Considerations and Updates for FEMA's Emergency Protective Measures (January 19, 2022) - Purchase Recording
The FEMA Emergency Protective Measures, which were adopted to respond to the COVID-19 pandemic, require that health facilities comply with various requirements within a complex regulatory framework that is often unfamiliar and burdensome, especially to non-profit medical service providers. Certain private non-profit organizations and state, local, tribal, and territorial government entities are generally eligible to receive funding for costs incurred to address the COVID-19 emergency under FEMA’s Public Assistance Program, but these entities must still satisfy certain eligibility, procurement, and contracting requirements. This webinar discussed updates in Federal guidance related to eligible COVID-19 costs and key considerations applicable to health facilities while providing practical advice for navigating requests for assistance and submissions of eligible costs.
Vaccines Mandates, Hospitals, and Medical Staffs (December 8, 2021) - Purchase Recording
In this webinar, panelists discussed vaccination laws, mandates, and how we see the future unfolding for hospitals and medical staffs across the country. Attendees will learn about the legal arguments regarding current vaccine mandates, the different approaches taken by various states, and the ethical components faced by physicians in this unprecedented landscape.
Vaccine Mandates: Where Do We Go From Here? (November 17, 2021) - Access Free Recording
After adding the on-demand session to your cart, you will need to create a free ASHRM account. During that account process, make sure to click on the second blue button, “Continue with no organization affiliation,” to complete your free registration.
In the third webinar in this three-part series on vaccine mandates, the speakers answered pressing questions raised by the audience at the earlier webinars and discussed what could be on the horizon.
Private Equity and FMV Post COVID-19 (November 16, 2021) - Purchase Recording
This webinar provided an overview of the current trends in private equity and health system acquisitions of physician practices and Fair Market Value considerations. In addition, the speakers addressed what is currently happening with private equity and what the future of private equity may entail after the Covid-19 pandemic. Lastly, the panelists addressed hot button issues including a discussion of various structural, regulatory, and business challenges and Fair Market Value considerations with different types of buyers and sellers.
Navigating Vaccine Mandates: Leadership, Legal, and Policy Insights (October 26, 2021) - Purchase Recording
In this webinar, a panel of speakers addressed the organizational challenges and approaches to the topic of COVID-associated personnel mandates against the ever-changing medico-legal landscape.
Vaccine Mandates: Health Care Organizations' Internal Vaccine Carrots & Sticks (October 20, 2021) - Access Free Recording
After adding the on-demand session to your cart, you will need to create a free ASHRM account. During that account process, make sure to click on the second blue button, “Continue with no organization affiliation,” to complete your free registration.
In the second webinar in this three-part series on vaccine mandates, the speakers discussed key "carrots and sticks" associated with vaccine mandates in a health care organization and the implication of these on practice.
Vaccine Mandates: External Carrots & Sticks - Vaccination in the Health Care Workplace (September 23, 2021) - Access Free Recording
After adding the on-demand session to your cart, you will need to create a free ASHRM account. During that account process, make sure to click on the second blue button, “Continue with no organization affiliation,” to complete your free registration.
This first webinar in the three-part series discussed the various "carrots" and "sticks" the government, payers, and other stakeholders use to influence vaccinations, and the compliance implications of state and federal statutes, caselaw, and regulatory guidance.
Quarantines, Masks, Vaccines, and Emergency Orders: What Does the Law Allow After 2020? (September 1, 2021) - Purchase Recording
State and local governments have had broad public health police powers since the seminal case of Jacobson v. Massachusetts in 1905. Employers have likewise been given certain leeway and responsibility to regulate activity to protect health and safety. This webinar explored how public health police powers were utilized, challenged, and evolved during the COVID-19 public health emergency and where the law stands for the future.
COVID-19 Liabilities and Government Enforcement (July 13, 2021) - Purchase Recording
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 Vaccines: Employment Law Considerations for Health Care Employers (March 24, 2021) - Purchase Recording
This webinar addressed 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 One Year Later: Progress Made, Progress Remaining (March 10, 2021) - Purchase Recording
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 explored 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) - Purchase Recording
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 focused 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, affected 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.