Coronavirus Pandemic
This hub includes information to help our members and the public stay abreast of new developments on the coronavirus pandemic, with a specific focus on resources developed by AHLA for the health law community.
Just Released
- How the COVID-19 Pandemic Immediately Impacts Clinical Trials: Considerations for Sites and Investigators (Health Law Weekly, March 27, 2020)
- Health Care Board COVID-19 Oversight Checklist (Health Law Weekly, March 27, 2020)
- Provider Reimbursement Review Board Alert 19 Amends Procedures in Light of Coronavirus Pandemic (Regulation, Accreditation, and Payment Practice Group Alert, March 26, 2020)
- U.S. Antitrust Agencies’ COVID-19 Response: Requests for Health and Safety Cooperation (Antitrust Practice Group Alert, March 26, 2020)
- Telehealth and COVID-19 (Speaking of Health Law Podcast, March 26, 2020)
- Emergency Telehealth Use for Behavioral Health Care During COVID-19 – How One State Rose to the Challenge (Behavioral Health Task Force Bulletin, March 25, 2020)
- What Facilities Need to Know About COVID-19 Waivers (Speaking of Health Law Podcast, March 25, 2020)
- EMTALA and COVID-19 (Speaking of Health Law Podcast, March 23, 2020)
- Families First Coronavirus Response Act - Available Tax Credits for Employers (Tax and Finance Practice Group Alert, March 20, 2020)
Links to Public Resources
- Centers for Medicare & Medicaid Services - One-stop shop for all CMS guidance and waivers, including state waivers.
- 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.
- Food and Drug Administration - Fast facts on the virus, FDA’s role, and medical countermeasures status.
- World Health Organization - Information and guidance from WHO regarding the current outbreak.
- Johns Hopkins University - Resources designed to raise awareness of prevention and preparedness efforts.
- Office for Civil Rights - Bulletin: HIPAA Privacy and Novel Coronavirus
AHLA Podcasts
Telehealth and COVID-19 (Speaking of Health Law Podcast, March 26, 2020)
Sarah Swank, Counsel, Nixon Peabody LLP, and Terrence M. Lewis, Senior Associate Counsel at University of Pittsburgh Medical Center, discuss how facilities are ramping up telehealth programs in response to the coronavirus pandemic.
What Facilities Need to Know About COVID-19 Waivers (Speaking of Health Law Podcast, March 25, 2020)
Delphine O’Rourke, partner, Duane Morris, talks about how hospitals can benefit from recently-issued section 1335 waivers and other applicable waivers. Delphine takes a deep dive into each type of waiver and what facilities need to do now to take advantage of the flexibilities.
EMTALA and COVID-19 (Speaking of Health Law Podcast, March 23, 2020)
Sarah Swank, Counsel, Nixon Peabody LLP and Charles R. Whipple, Senior Vice President and Deputy General Counsel, Wellforce, discuss how hospitals are gearing up to respond to the coronavirus pandemic. The podcast covers alternative testing/screening sites, as well as legal issues related to staffing, diversion, and capacity.
Navigating Supply Chain Issues in Light of the Coronavirus Pandemic (Speaking of Health Law Podcast, March 16, 2020)
Delphine O’Rourke, Partner at Duane Morris LLP, and Michelle Johnson Tidjani, Senior Vice President, General Counsel and Corporate Secretary of Henry Ford Health System, talk about how hospitals can secure their supply chain in these uncertain times. In addition, the podcast discusses contract management issues and gives practical pointers on establishing an incident command center to ensure clinical and business issues are addressed.
AHLA Analysis
- Dispelling the Myths About HIPAA, Telehealth, and the Coronavirus (Health Law Weekly, March 27, 2020)
- CMS and CDC Guidance on COVID-19 for Post-Acute and Long Term Care (Post-Acute and Long Term Services Practice Group Bulletin, March 18, 2020)
- FAQs on Section 1135 Waivers: What Health Care Providers Should Know (In-House Counsel Practice Group and Public Health System Affinity Group Bulletin, March 18, 2020)
- Federal and State Government Responses: How Telehealth Is Being Harnessed to Address the Coronavirus Pandemic (In-House Counsel Practice Group and Public Health System Affinity Group Bulletin, March 18, 2020)
- CMS Limits Survey Activities Due to Coronavirus (Regulation, Accreditation, and Payment Practice Group Alert, March 13, 2020)
- Recent CMS Guidance for Infection Control in COVID-19 Outbreak (Post-Acute and Long Term Services Practice Group Bulletin, March 13, 2020)
- What Privacy and Security Standards Apply Now? The Use of Telephones to Provide Telehealth Services to Medicare Beneficiaries During the Coronavirus Public Health Emergency (Health Information and Technology Practice Group Alert, March 9, 2020)
AHLA News
- FDA Will Allow Access to COVID-19 Convalescent Plasma for Possible Treatment of Critical Patients (Health Law Weekly, March 27, 2020)
- COVID-19: Developments and Updates (Health Law Weekly, March 27, 2020)
- CMS Issues Emergency Waiver Changing Rules And Regulations Governing Telepsychiatry (Health Law Daily, March 27, 2020)
- Louisiana Fast Tracks Licensing For New Doctors And Nurses (Health Law Daily, March 27, 2020)
- Health Information Technology Advisory Committee Plans To Add Task Force Solely For Novel Coronavirus Response (Health Law Daily, March 27, 2020)
- Administration Expected To Direct Manufacturers How To Distribute Medical Supplies Amid Novel Coronavirus Outbreak (Health Law Daily, March 26, 2020)
- CMS Permits Seven More States To Alter Medicaid Programs Due To Coronavirus (Health Law Daily, March 26, 2020)
- Justice Department Warning People Hoarding Masks, Medications That Federal Prosecutors Are Cracking Down On COVID-19 Profiteering (Health Law Daily, March 26, 2020)
- White House, Senate Reach Deal On $2T Coronavirus Stimulus Bill (Health Law Daily, March 25, 2020)
- HHS Awards $100M To Health Centers Across The Country For Coronavirus Response Efforts (Health Law Daily, March 25, 2020)
- CMS Releases Guidance For Higher State Medicaid Matching Rates During Coronavirus Crisis (Health Law Daily, March 25, 2020)
- CMS To Halt Routine Inspections Of Nursing Homes, Focus On Critical Situations (Health Law Daily, March 24, 2020)
- President Trump Signs Executive Order In Effort To Prevent Hoarding Of Critical Medical Supplies, Price Gouging (Health Law Daily, March 24, 2020)
- Eleven States Have Medicaid Waivers Approved By CMS For Novel Coronavirus Response (Health Law Daily, March 24, 2020)
- Some States Reopening ACA Enrollment Amid Novel Coronavirus Outbreak (Health Law Daily, March 24, 2020)
- Coronavirus: Updates and Developments (Health Law Weekly, March 20, 2020)
- WHO Declares Coronavirus a Pandemic, Federal Agencies Issue New Guidance (AHLA Weekly, March 13, 2020)
- Federal Courts Consider Closures, Coronavirus Risks (Health & Life Sciences Law Daily, March 13, 2020)
- HHS Waives Legal Liability For Companies Working On Tests, Vaccines For Novel Coronavirus (Health & Life Sciences Law Daily, March 13, 2020)
- FDA Issues Emergency Authorization For Roche’s Coronavirus Test (Health & Life Sciences Law Daily, March 13, 2020)
- WHO Says Spread Of Coronavirus Is Now A Pandemic (Health & Life Sciences Law Daily, March 12, 2020)
- Trump Suspends Travel From Europe To US For 30 Days (Health & Life Sciences Law Daily, March 12, 2020)
- FDA Halts Routine Inspections Overseas Through April Due To Coronavirus (Health & Life Sciences Law Daily, March 11, 2020)
- Lawmakers Pressing FDA For Details Of Potential Drug Shortages Amid Coronavirus Outbreak (Health & Life Sciences Law Daily, March 11, 2020)
Preparedness Checklists
- Responding to COVID-19—8 Steps for Hospitals to Protect Patients, Employees, and Communities
- Published on March 4, 2020 and Updated on March 10, 2020
Courtesy of the In-House Counsel Practice Group, this resource is a Toolkit for hospitals and others to respond to the coronavirus based on the legal and accreditation requirements and recommendations that should guide hospital decisions and preparedness activities. The Toolkit outlines eight steps for hospitals to take to protect their patients, employees, and communities.
- What Hospitals Need to Do to Prepare for a Coronavirus Outbreak: Overview and Checklist
- Published on February 21, 2020
This Toolkit provides an overview of the Coronavirus outbreak to date and a checklist for hospitals to use as a starting point to quickly prepare for a Coronavirus outbreak in close coordination with their legal team.
- From AHLA's Public Interest document, Pan-Flu Preparedness: Key Legal Issues:
Webinar Series Hosted by CDC’s Public Health Law Program and Center for Preparedness and Response
Healthcare and Public Health Legal Preparedness: 2019 Novel Coronavirus (2019-nCoV)
Complimentary two-part webinar series hosted by CDC’s Public Health Law Program and Center for Preparedness and Response.
The webinar series is being held in collaboration with the American Health Law Association (AHLA), the National Governors Association (NGA), the Association of Healthcare Emergency Preparedness Professionals (AHEPP), and the American Bar Association Health Law Section (ABA HLS).
2019 Novel Coronavirus: Public HealthLegal Preparedness
Hosted by the ABA Health Law Section’s Public Health and Policy Interest Group, the first webinar “2019 Novel Coronavirus: Public HealthLegal Preparedness” was held on February 18. This program provided an overview of legal preparedness for public health personnel. It provided an overview of the global and U.S. situation as well as public health planning considerations for state, tribal, local, and territorial health departments. Legal experts discussed best practices for legal preparedness and described vital legal concepts such as disease surveillance and reporting requirements, nonpharmaceutical interventions, and social distancing measures.
The content of this program does not meet requirements for Continuing Legal Education (CLE) accreditation.
2019 Novel Coronavirus: HealthcareProvider Legal Preparedness
Hosted by AHLA, the second webinar “2019 Novel Coronavirus: HealthcareProvider Legal Preparedness” was held on February 25. The program provided an overview of legal preparedness and response measures for health care personnel and entities, including hospitals and health systems. This webinar featured speakers from the Centers for Disease Control and Prevention, the American Health Lawyers Association, and the Association of Healthcare Emergency Preparedness Professionals, who focused on legal considerations for health care providers in preparing for and responding to possible infectious disease outbreaks such as the 2019 Novel Coronavirus. Topics included patient screening and testing, the Emergency Medical Treatment and Labor Act (EMTALA), personal protective equipment (PPE), patient privacy, quarantine and its impact on workplace and patient care obligations, and other vital topics.
In most states, AHLA webinars meet the requirements for continuing legal education and attorneys may self-apply for CLE credit. AHLA’s live distance learning webinars are pre-approved for CLE credit in the following states: Alabama, Illinois, Nebraska, New Jersey, Pennsylvania, South Carolina, Texas, Virginia and West Virginia. Please refer to Distance Learning CLE reporting procedure for more information.