Third Circuit Stays Federal Court’s Decision Striking Down Pennsylvania Governor’s COVID-19 Emergency Orders as Unconstitutional

Pennsylvania Governor Tom Wolf’s COVID-19 pandemic emergency orders shall remain in effect, says the Third Circuit. The federal appellate court stayed the lower court decision striking down several portions of the Governor’s orders as unconstitutional.

To read the full text of this Duane Morris Alert, please visit the firm website.

Federal District Court Strikes Down Pennsylvania Governor’s COVID-19 Emergency Orders as Unconstitutional

On September 14, 2020, a federal court in Pennsylvania ruled that Governor Tom Wolf’s emergency orders relating to the COVID-19 pandemic are unconstitutional under the First and Fourteenth Amendments. Plaintiffs—a group of counties, elected public officials and businesses—challenged several of the governor’s COVID-19 orders requiring numeric limitations on gatherings of individuals, closures of nonlife-sustaining businesses and directing Pennsylvanians to stay at home. Judge William S. Stickman IV of the United States District Court for the Western District of Pennsylvania ruled in the plaintiffs’ favor, declaring that portions of the challenged orders violate the United States Constitution.

To read the full text of this Duane Morris Alert, please visit the firm website.

No More Than 10 Can Attend: Texas Executive Order Effectively Halts Public Foreclosure Sales

There is no question that the COVID-19 pandemic has prompted a swift and large-scale shift in the way real property transactions take place from “business as usual” to a state of limbo in most of the 50 states. In Texas, commercial real estate lenders and creditors have recently found themselves to be no exception when it comes to carrying out foreclosure sales. Executive Order GA-28 is changing, if not outright preventing, a valid foreclosure sale from taking place in Texas—at least for the time being.

To read the full text of this Duane Morris Alert, please visit the firm website.

Reimbursement Rate for Out-of-Network Emergency Services: Executive Order Potentially Sets Precedent

On April 9, 2020, Governor Baker issued an emergency order, mandating that insurers cover all medically necessary emergency department and inpatient services costs of COVID-19 treatment at both out-of-network and in-network hospitals and other medical facilities, without any cost to the patient, setting the OON reimbursement rate at 135% of Medicare, and prohibiting providers from balance billing. The Governor appears to have relied on § 7 of the Massachusetts emergency preparedness and response law in issuing the Order.  Section 7 gives the Governor broad powers during a state of emergency, including “[r]egulation of the business of insurance and protection of the interests of the holders of insurance policies and contracts and of beneficiaries thereunder and of the interest of the public in connection therewith.”

To read the full text of this post by Duane Morris attorney Emmy Monahan, please visit the Duane Morris Health Law Blog.

Pennsylvania Governor Issues Much-Anticipated Executive Order Extending Liability Protections for Healthcare Professionals Responding to COVID-19 Crisis

As the COVID-19 crisis continues to strain healthcare resources and professionals across the nation, Pennsylvania Governor Tom Wolf has responded by extending liability protections for healthcare workers responding to the crisis.

To read the full text of this Duane Morris Alert, please visit the firm website.