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.
AHLA's COVID-19 Community provides a forum for members to discuss and share information on health law issues related to the Coronavirus pandemic. We encourage members to post questions, share information and best practices, and upload key federal and state resources to the community's Library.
Just Released
- Preparing for Patient Surges Due to COVID-19: What Counsel Need to Know (Speaking of Health Law Podcast, April 8, 2020)
- CMS Issues Blanket Stark Law Waivers to Address COVID-19 Crisis (Health Law Weekly, April 3, 2020)
- Text Messaging During COVID-19: FCC Guidance to Healthcare Providers (Health Law Weekly, April 3, 2020)
- COVID-19 Executive Orders: Essential Services - Last updated April 8, 2020. AHLA thanks Waller for providing this resource. If you need additional information, please contact Nicole Watson or Kim Looney at nicole.watson@wallerlaw.com or kim.looney@wallerlaw.com.
- The COVID-19 Pandemic: Observations and Recommendations for Health Care Deals (Transactions Affinity Group Briefing, April 2, 2020)
- Stark Blanket Waivers Related to COVID-19 (Speaking of Health Law Podcast, April 2, 2020)
- Adult Day and Similar Activities – Emergency Waiver Application Modifications to Ensure Continuing Care During COVID-19 Pandemic (Behavioral Health Task Force Bulletin, April 1, 2020)
- COVID-19 GC Roundtable (Speaking of Health Law Podcast, April 1, 2020)
- Fraud and Abuse: Impact of COVID-19 on Health Care Fair Market Value (Speaking of Health Law Podcast, March 30, 2020)
Links to Public Resources
- 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
- 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
Preparing for Patient Surges Due to COVID-19: What Counsel Need to Know (Speaking of Health Law Podcast, April 8, 2020)
In Part 1 of this podcast on what counsel need to know to prepare for patient surges due to COVID-19, Andrea Ferrari, Partner, HealthCare Appraisers, speaks with Tom Donohoe, Vice President & Deputy General Counsel, SCL Health, and Joe Wolfe, Shareholder, Hall Render Killian Heath & Lyman PC. The podcast covers issues related to provider staffing needs and staff shortages, including incremental staffing arrangements, provider redeployment, provider standby availability, and provider income protection. Sponsored by HealthCare Appraisers.
Stark Blanket Waivers Related to COVID-19 (Speaking of Health Law Podcast, April 2, 2020)
In this podcast Chip Hutzler, Director, Horne LLP, talks to Julie Kass, Shareholder, Baker Donelson, about the waivers of the Stark Law issued by CMS on March 30. The podcast details what’s in the waivers, what providers should consider when using the waivers, and what arrangements might not be covered by the waivers. Sponsored by Horne, LLP.
COVID-19 GC Roundtable (Speaking of Health Law Podcast, April 1, 2020)
In this podcast, Sarah Swank, Counsel, Nixon Peabody LLP, speaks with three hospital general counsel on the front lines of the coronavirus pandemic—Marc Goldstone, Senior Vice President, Prime Healthcare; David Rowan, Chief Legal Officer, Cleveland Clinic; and Richard Korman, Executive Vice President and General Counsel, Avera. Participants discuss the multitude of issues they’re facing and how they are dealing with them.
Fraud and Abuse: Impact of COVID-19 on Health Care Fair Market Value (Speaking of Health Law Podcast, March 30, 2020)
Matthew Wetzel, Associate General Counsel, Compliance Officer, GRAIL, and Stephen Bucci, Director, Berkley Research Group (BRG) discuss with Jason Ruchaber, Founder and Managing Partner, Root Valuation, the impact that the coronavirus pandemic is having on business valuation. The podcast covers timely and important topics such as what sectors, if any, have seen a positive valuation impact from the crisis, how compensation arrangements can address this type of disruption, and how to deal with at-risk pay for clinicians. Sponsored by BRG.
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
- 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)
- Dispelling the Myths About HIPAA, Telehealth, and the Coronavirus (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)
- 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)
- Families First Coronavirus Response Act - Available Tax Credits for Employers (Tax and Finance Practice Group Alert, March 20, 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
- States, Federal Government Coordinating Efforts To Fight Coronavirus Fraud (Health Law Daily, April 8, 2020)
- Kushner’s Task Force Considering Creating Coronavirus Surveillance System, Sources Say (Health Law Daily, April 8, 2020)
- Florida Continues Refusal To Release Names Of Nursing Homes, Assisted Living Centers With Positive COVID-19 Cases (Health Law Daily, April 8, 2020)
- Pinal County, Arizona, Public Officials File Lawsuit Against State, County Health Departments For Information Related To Positive COVID-19 Cases (Health Law Daily, April 7, 2020)
- HHS IG Report Confirms Hospitals Face Testing, Equipment Shortages (Health Law Daily, April 7, 2020)
- Trump Administration Says Federal Government Will Reimburse Hospitals Treating Uninsured Patients With Coronavirus (Health Law Daily, April 6, 2020)
- US Hospitals To Decide Which Patients Receive Ventilators Due To Shortages Amid Pandemic (Health Law Daily, April 6, 2020)
- COVID-19: Updates and Developments (Week of March 29) (Health Law Weekly, April 3, 2020)
- HHS Relaxes HIPAA Privacy Rule During Novel Coronavirus Pandemic (Health Law Daily, April 3, 2020)
- Providers Who Make Life-Or-Death Decisions During Coronavirus Pandemic May Face Lawsuits (Health Law Daily, April 3, 2020)
- FDA Approves First Coronavirus Antibody Test (Health Law Daily, April 3, 2020)
- FDA Says There Is A Shortage Of Two Malaria Drugs As Demand Rises For Both As Experimental Treatment For Coronavirus (Health Law Daily, April 2, 2020)
- Federal Health Officials Begin “Inspecting Florida’s Long-Term Care Facilities” (Health Law Daily, April 2, 2020)
- CMS Approves 40th State Request For Medicaid Flexibility (Health Law Daily, April 1, 2020)
- A Number Of Governors Have Yet To Issue Stay-At-Home Orders (Health Law Daily, April 1, 2020)
- Federal Government To Relax Hospital Safety Standards To Expand Services To Fight Pandemic (Health Law Daily, March 31, 2020)
- CMS Providing Regulatory Relief On Staffing, Paperwork During Coronavirus Pandemic (Health Law Daily, March 31, 2020)
- CMS Easing Requirements For Transferring Non-COVID-19 Patients (Health Law Daily, March 31, 2020)
- HHS’ Office Of Civil Rights Reaffirms Protections For Federally Protected Classes Amid Coronavirus Pandemic (Health Law Daily, March 31, 2020)
- State Medical Boards Adjusting Requirements To Allow For More Immigrant Physicians (Health Law Daily, March 31, 2020)
- FDA Issues Guidance To Increase Supply Of Personal Protective Equipment Used By Surgeons During COVID-19 Crisis (Health Law Daily, March 31, 2020)
- HHS Seeks Testing And Bed Capacity Data From Hospitals (Health Law Daily, March 30, 2020)
- FDA Rewrites Rules To Allow Full Application For Mask Sterilization Technology (Health Law Daily, March 30, 2020)
- FDA Grants Emergency Approval To Coronavirus Test (Health Law Daily, March 30, 2020)
- FDA Issues EUA For Hydroxychloroquine, Chloroquine For Coronavirus Treatment (Health Law Daily, March 30, 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.