Health Law MonitorCoronavirus/COVID-19WEST VIRGINIA LEGISLATURE REQUIRES PEIA TO COVER TELEHEALTH SERVICESJuly 1, 2020 On June 5, 2020, a new statute covering telehealth services under the West Virginia Public Employees Insurance Act (“PEIA”) went into effect.1 This statute endeavors to formulate definitions regarding telehealth while also setting forth what telehealth services PEIA must cover.2 According to the statute, a distant site is defined as “the telehealth site where the health care practitioner is… UPDATE: Fifth Circuits Holds Bankruptcy Court Cannot Enjoin the SBA Regarding PPP Funding to DebtorsJune 25, 2020 Jackson Kelly previously reported on a number of Bankruptcy Courts granting temporary restraining orders against the Small Business Administration (“SBA”) to allow bankruptcy debtors to apply for Paycheck Protection Program (“PPP”) funds and prohibiting the SBA and any lender from denying the application due solely to the applicant’s status as a bankruptcy debtor. (See May 7, 2020 Health Law… FAQs Clarify Health Plan’s Obligation to Cover COVID-19 TestingJune 23, 2020 The Departments of Labor, Health and Human Services and the Treasury issued a new set of Frequently Asked Questions today to provide guidance on the Families First Coronavirus Relief Act (“FFCRA”), the Coronavirus Aid, Relief and Economic Security (CARES) Act and other health coverage issues related to COVID-19. The FAQs can be found here. Section 6001 of FFCRA requires health plans, including… CMS Announces Enhanced Enforcement and Surveys for Long Term Care FacilitiesJune 22, 2020 The Centers for Medicare & Medicaid Services has announced the next steps in enforcement efforts relating to long term care facilities following reduced efforts as a result of the COVID-19 pandemic. On June 1, CMS released a Quality, Safety and Oversight Group memorandum (QSO 20-31) directing state survey agency directors on a series of new steps designed to help safeguard the health and safety… Tips for Pre-Trial Practice During a PandemicJune 15, 2020 Now that I can get my haircut and eat at my favorite restaurant, do I have to go to court? Businesses across the country are looking to reopen and courts are feeling their way through the limitations necessitated by COVID-19, how to safely move forward, and dealing with backlog. Federal and State Courts initially went into partial shutdown, focusing on handling essential or emergency matters… TREATING BY TELEMEDICINE: MORE THAN JUST PICKING UP THE PHONE AND CALLING-IN A PRESCRIPTIONJune 4, 2020 Although the West Virginia Board of Medicine (“WVBOM”) suspended some provisions of the West Virginia Medical Practice Act1 to allow for greater use of telemedicine, it has not suspended all provisions of the telemedicine statute.2 In a departure from W. Va. Code § 30-3-13a(c), the WVBOM now states that “if audio only communication satisfies the standard of care for a particular patient… West Virginia Providers Beware: The Newly-Passed “Patient Brokering Act” Has Expansive And Uncertain ImplicationsJune 2, 2020 On March 7, 2020 - just as the COVID-19 pandemic was starting to grip the nation - the West Virginia Legislature passed House Bill 4422, titled “The Patient Brokering Act” (hereafter sometimes referred to as the “Act”). Perhaps due to the timing of the COVID-19 pandemic, there has been seemingly scant discussion about the Act, and its potential implications for health care providers. This article… Reminder for Health Care Providers: Communicate and Document to Help Avoid LitigationMay 27, 2020 As we begin to “reopen” following the initial assault from COVID-19, health care providers continue to adjust to the “new normal” of practicing medicine during an ongoing pandemic. Amid discussions of personal protective equipment, installation of plexiglass waiting room enclosures and increased testing availability, it is important to remember some basics to help avoid litigation. For health… Status of West Virginia State and Federal CourtsMay 20, 2020 West Virginia State Courts On March 22, the Supreme Court of Appeals declared a “judicial emergency” due to the Covid-19 public health crisis and suspended trials, in person hearings, and deadlines. Subsequent orders extended the emergency period to May 15. On May 6, 2020, the Court ended the emergency declaration by issuing a “Resumption of Operations” order and “Covid-19 Resumption of… COVID-19 Exposure: Health Care Provider Liability Immunity and ProtectionsMay 13, 2020 As health care professionals across the country are working to respond to the COVID-19 pandemic, providers are having to step in to fill critical shortages outside their respective field of practice. This is creating a growing concern about potential liability. In a letter dated April 2, 2020, the Colorado Medical Society implored Governor Jared Polis to expand liability protections for health… Healthcare Debtors Receive Court Relief (For Now) from the SBA’s Rule against Debtors Receiving PPP Loans—Some Lawmakers Want Permanent ReliefMay 7, 2020 While many ICUs in various parts of the country have been overwhelmed with COVID-19 patients, many healthcare providers have suffered significant financial losses due to non-emergent visits and elective procedures being put on hold while states prepared for their respective peaks for COVID-19 cases. Several healthcare providers, including large hospital systems, have filed for bankruptcy in the… Play it Again Sam—CMS Issues Round Two of Telehealth ChangesMay 4, 2020 CMS has issued more telehealth regulatory flexibilities in light of the COVID-19 public health emergency (PHE), including new blanket waivers,1 guidance for rural health clinics (RHCs) and federally qualified health centers (FQHCs) under the CARES Act, and a new interim final rule issued April 30, 2020 (IFC).2 Additions to List of Eligible Providers For the remainder of the PHE, physical… |
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