Tag Archives: hospitals

California Issues Restrictive Regional Stay Home Order Tied to Hospital ICU Capacity

As COVID-19 cases escalate dramatically in California, health officials in the state announced a Regional Stay Home Order on December 3, 2020, intended to help flatten the rapidly rising curve and to assist hospitals in managing intensive care unit (ICU) capacity. The order severely restricts business activities, prohibits gatherings and requires masking and physical distancing. It modifies the state’s initial stay-at-home order issued by the governor in March and builds on the state’s Blueprint for a Safer Economy.

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

CDC Advisory Committee Issues Recommendations for Initial COVID-19 Vaccine Prioritization

The afternoon of December 1, 2020, marked an important milestone in the fight against the coronavirus pandemic. The Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) voted 13-1 to approve recommendations to prioritize distribution of the initial doses of COVID-19 vaccines. ACIP took an unusual step, issuing the recommendations before the FDA issues emergency use approval (EUA) of any COVID-19 vaccines so that the recommendations could assist states in developing their own vaccine distribution plans.

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

Maryland Tightens COVID-19 Restrictions on Bars, Restaurants, Hospitals and Other Indoor Establishments

On November 17, 2020, Maryland Governor Larry Hogan announced new measures in response to the recent uptick in statewide COVID-19 cases, hospitalizations and ICU admissions. The governor issued an executive order imposing capacity restrictions on restaurants, bars and other indoor establishments. The Maryland Department of Health also issued a series of orders restricting visitation at hospitals and nursing homes. The statewide orders carry the force of law and violations are punishable by fines up to $5,000 and up to one year in prison.

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.

$324 Million Dollars Awarded to 31 Pennsylvania Hospitals Under the HELP Program

Pennsylvania Governor Tom Wolf announced that nearly $324 million in funding has been awarded to 31 hospitals across the Commonwealth through the “Hospital Emergency Loan Program,” or HELP, which provides short-term financial relief as hospitals combat the surge of COVID-19 cases in their area.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

Don’t Leave CARES Act Dollars on the Table (or in the Wrong Pocket)

As part of a suite of COVID-19 relief programs, the CARES Act appropriated $100 billion into a Provider Relief Fund meant for “hospitals and other healthcare providers on the front lines of the coronavirus response.” Medicare providers and facilities should have seen funds appear in their accounts between April 10 and April 17 when the first $30 billion of the $50 billion general allocation was distributed. Further, eligible recipients should begin to see funds from the remaining $20 billion of the general allocation as well as additional targeted allocations for hospitals in hot zones or rural areas.

To read the full text of this post by Duane Morris attorney Ryan Wesley Brown, please visit the Duane Morris Health Law Blog.

HHS Announces Initial $30 Billion Distribution from CARES Act Provider Relief Fund

Immediate funds are now available for providers to receive a cash influx at a critical time. The challenge will not be receiving the funds, but rather keeping the funds after a future audit of compliance with the terms and conditions.

On April 10, 2020, the United States Department of Health and Human Services (HHS) announced the immediate distribution of an initial $30 billion in relief funding to providers in support of the nationwide COVID-19 response. The distribution is part of the $100 billion provider relief fund included in the Coronavirus Aid, Relief and Economic Security (CARES) Act recently passed by Congress. Importantly, HHS has noted that these are payments, not loans, to healthcare providers, and will not need to be repaid unless the provider does not comply with the terms and conditions.

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

CMS Announces New Rules and Waivers of Federal Requirements for Hospitals and Clinicians Responding to COVID-19

Hospitals without walls, the USNS Comfort and FaceTime calls between patients and doctors are just some of the new and much-needed initiatives to fight the COVID-19 pandemic that are now possible because the Centers for Medicare and Medicaid Services (CMS) is relaxing laws and regulations.

On March 30, 2020, CMS, in coordination with the Trump administration, announced the implementation of a sweeping array of new rules and waivers of federal requirements for hospitals and health systems to effectively manage potential surges of COVID-19 patients.

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

Life-or-Death Hospital Decisions Come With Threat of Lawsuits

Doctors and hospitals overwhelmed in the pandemic will have to make their excruciating life-or-death decisions meticulously or they risk being second-guessed by a jury when the onslaught is over.

Lawyers who defend health care providers are already giving advice on how their clients can avoid liability if they’re forced to choose between patients. How they prepare for this battlefield triage now — and how they practice it in the chaos of peak infections — will determine whether negligence cases against them are dismissed or lead to trials or settlements over the death of a parent or spouse.

[…]

Hospitals and doctors are focused on care right now, as they should be, said Sean Zabaneh, a lawyer with Duane Morris LLP in Philadelphia who represents them in court.

Still, he said, they should be “making sure they have insurance coverage in place that is applicable to the new circumstances that are becoming more normal every day as a result of the pandemic, and staying up to date on the quickly evolving legal standards and legislation.” Lawmakers could pass legislation to protect health care providers that adhere to the standard of care, he added.

[…]

To read the full article, visit the Bloomberg website.