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.
Private Equity and Health Care Investments: How Has COVID-19 Impacted Deal Flow? (Transactions Affinity Group Briefing, September 15, 2021)
Being a Working Mom During the Pandemic: Perspectives from Four Health Care Attorneys (Speaking of Health Law Podcast, September 14, 2021)
Vaccine Mandates: External Carrots & Sticks - Vaccination in the Health Care Workplace (September 23, 11:00am ET)
What are the best practices for developing and enforcing institutional vaccine policies and procedures, while navigating the maze of issues, risks, and potential conflicts? This ASHRM webinar, co-presented with AHLA, is the first in a three-part series discussing 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. Registration will be available soon for parts two and three, which will be held in October and November. In this session, you will learn about:
- The compliance implications of state/federal statutes, caselaw, and regulatory guidance on organizations' employee vaccination requirements
- Best practices to develop, communicate, implement, and enforce institutional vaccine policies and procedures
- The various "carrots" and "sticks" the government and other external stakeholders use to influence health care vaccinations
- 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].
Being a Working Mom During the Pandemic: Perspectives from Four Health Care Attorneys (Speaking of Health Law Podcast, September 14, 2021)
Stephanie Hudson, Managing Member, Hudson Healthcare Lawyers LLC, speaks with Theresa Langley, Associate, Husch Blackwell LLP, Lori Mihalich-Levin, CEO and Founder, Mindful Return, and Lauren Suttell, Partner, Lippes Mathias Wexler Friedman LLP, about how the pandemic has changed the lives of working moms. They discuss what life was like before the pandemic and how everything changed in March 2020, the transition to remote work and school, and challenges related to childcare. They also share tips and strategies that they have used to adjust to work and life during the pandemic and discuss how to transition back to the office and classroom.
Vaccine Mandates in the Health Care Workplace: What Employers Need to Know (Speaking of Health Law Podcast, August 10, 2021)
The COVID-19 pandemic has forced health care employers across the country to contemplate vaccine mandates for their employees. Brian Dean Abramson, author of Vaccine, Vaccination, and Immunization Law, speaks to Denise M. Hill, Associate Professor of Practice in Public Administration at Drake University and author of AHLA's recent publication, Vaccine Mandates in the Health Care Workplace: A Legal Analysis for Employers, about the factors employers should consider when deciding whether to implement vaccine mandates at their workplaces. They discuss how to structure a vaccine mandate that accounts for employees who don’t want to be vaccinated, the impact of recent case law and state actions, and ways to engage with vaccine hesitancy. Watch the full conversation here. Related book available for purchase.
AHLA Convener on Racial Disparities in Health Care, Part 3: Equity in COVID Vaccine Distribution (Speaking of Health Law Podcast, August 6, 2021)
AHLA hosted a one-day virtual convener on April 12, 2021 where participants discussed all aspects of health disparities and equity in health care, social determinants of health, the impact of law on these issues, and what can be done to address these issues now and in the future. In Part 3, Ruqaiijah Yearby, Professor, St. Louis University School of Law, and Dru Battacharya, Vice President of Diversity and Inclusion, Advocate Aurora Health, moderate this discussion that delves into distribution of COVID vaccines, and how to attain equity, crisis standards of care, and ethical decision making. Access full video and audio recordings of the proceedings at americanhealthlaw.org/racialdisparitiesinhealthcare.
GC Roundtable: Caregivers During the Pandemic (Speaking of Health Law Podcast, July 13, 2021)
In the latest episode of this series where GCs from around the country share the experiences, challenges, and opportunities they are facing in the health care industry, Sarah Swank, Counsel, Nixon Peabody LLP, speaks to two GCs about the role of caregivers during the pandemic, the challenges they are facing, and how their organizations are providing them with the support they need. They share stories about caregivers they have interacted with and how those experiences have inspired their own careers. Sarah’s guests are Michael Herald, General Counsel and Chief Administrative Officer, Guardian Healthcare, and Terry Lewis, Senior Associate Counsel, University of Pittsburgh Medical Center. From AHLA’s In-House Counsel Practice Group.
Top Ten 2021: Risk Management and Professional Liability (Speaking of Health Law Podcast, May 14, 2021)
Based on AHLA’s annual Health Law Connections article, this special series brings together thought leaders from across the health law field to discuss the top ten issues of 2021. In the tenth episode, Bob Paskowski, PYA, speaks to E. Dale Burrus and Lauren M. Nelson, Spencer Fane LLP, about the ways in which the COVID-19 pandemic has impacted health providers in their management of risk and heightened the awareness of long-standing risk issues. They discuss issues related to provider burnout, patients with non-COVID conditions, state-enacted immunities from prosecution, the increased use of telehealth, cybersecurity, and discrepancies in health care. Sponsored by PYA.
Access past podcasts.
- Private Equity and Health Care Investments: How Has COVID-19 Impacted Deal Flow? (Transactions Affinity Group Briefing, September 15, 2021)
- Lemons into Lemonade: Enforcement Risks Associated with the Receipt of COVID–19 Government Assistance Funds, and Mitigation Strategies and Defenses for the Long Haul (Journal of Health and Life Sciences Law, July 31, 2021)
- Reducing Workers’ Compensation and OSHA Liability During COVID-19 and Beyond (Journal of Health and Life Sciences Law, July 31, 2021)
- Ramping Up for Surveys, Audits, and Investigations: What to Expect from State and Federal Regulators after COVID-19 (Health Law Weekly, July 23, 2021)
- A Target on Telehealth: Government Action Against Telehealth Fraud in the Wake of COVID-19 (Health Care Liability and Litigation Practice Group Briefing, July 14, 2021)
- What Health Care Employers Need to Know About OSHA’s COVID-19 Emergency Temporary Standard (Health Law Weekly, June 25, 2021)
- Lessons from Texas—Vaccine Mandates in Hospital Systems (Health Law Weekly, June 18, 2021)
- New IRS Guidance on the Employee Retention Credit (Tax and Finance Practice Group Briefing, June 4, 2021)
- May 10 Letter to Xavier Becerra Regarding Provider Relief Funds (Business Law and Governance Practice Group and Public Health System Affinity Group Bulletin, June 4, 2021)
- COVID Relief Recap—One Year Later and Still Going Strong (Health Law Connections, June 1, 2021)
- The U.S. Government’s Enterprise-Wide Approach to the Public Health Emergency and Related Enforcement Will Require Stakeholders to Address Enterprise-Wide Risk and Compliance Issues (Enterprise Risk Management Task Force Bulletin, May 26, 2021)
- Preparing for Provider Relief Fund Reporting and Anti-Fraud Monitoring (Fraud and Abuse Practice Group Briefing, May 20, 2021)
- The Emergence of COVID-19 in America and Its Significant Effect on the SNF Industry (Health Law Connections, May 1, 2021)
- The FCA’s Worthless Services Doctrine: A Possible COVID-19 Liability Mechanism (Health Law Weekly, April 16, 2021)
- COVID-19, Telehealth, and What to Expect Going Forward (Enterprise Risk Management Task Force Bulletin, April 16, 2021)
- Market Data After COVID-19 and the 2021 MPFS: Will There Be a New Normal? (Health Law Weekly, April 9, 2021)
- COVID-19 Vaccine Development and Distribution (Life Sciences Practice Group Bulletin, April 2, 2021)
- COVID-19, Telehealth Expansion, and the Future of Pediatric Telehealth (Children's Health Affinity Group Bulletin, April 2, 2021)
- Health Care Transactions—Mitigating Risk in a Pandemic Through Deal Structure and Insurance (Health Law Connections, April 1, 2021)
- The American Rescue Plan Act’s Potential Impacts on Health Care Employers and Related OSHA Enforcement Initiatives (Labor and Employment Practice Group Bulletin, March 24, 2021)
- 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)
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.
- Health Care Providers to See Additional $25.5 Billion in COVID Relief (Health Law Weekly, September 17, 2021)
- NIH Awards $470 Million to Support National Research on Long COVID (Health Law Weekly, September 17, 2021)
- Administration Significantly Expands COVID-19 Vaccination Requirements (Health Law Weekly, September 10, 2021)
- CMS Issues Medicaid Guidance to States on Options for Boosting COVID-19 Vaccinations, Testing (Health Law Weekly, September 3, 2021)
- Eleventh Circuit Says Business Interruptions Policy Did Not Cover Georgia Dental Clinic’s COVID-Related Losses (Health Law Weekly, September 3, 2021)
- Medicare Boosts Payments for In-Home COVID-19 Vaccinations in Smaller Group Settings (Health Law Weekly, August 27, 2021)
- Moderna Completes Application for FDA Approval of COVID-19 Vaccine (Health Law Weekly, August 27, 2021)
- CMS Revises Guidance for State Medicaid Programs on Post-Pandemic Planning (Health Law Weekly, August 20, 2021)
- CMS to Require COVID-19 Vaccinations of Nursing Home Staff (Health Law Weekly, August 20, 2021)
- HHS Will Require COVID-19 Vaccines for Its Health Care Workforce (Health Law Weekly, August 13, 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
Quarantines, Masks, Vaccines, and Emergency Orders: What Does the Law Allow After 2020? (September 1, 2021) - Recording Coming Soon
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 will explore 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.