Pennsylvania Governor Authorizes Emergency Management Officials to Seize Medical Supplies for COVID-19 Fight

On April 8, 2020, because of “a critical shortage of PPE, pharmaceuticals, and other medical resources,” Pennsylvania Governor Tom Wolf signed an Executive Order to “Ensure the Efficient Allocation and Effective Use of Critical Medical Resources.” The order authorizes Pennsylvania emergency management officials “to commandeer and utilize all PPE, pharmaceuticals, and other medical resources required to respond to, provide care for those afflicted by, or otherwise prevent the spread of COVID-19 from all private, public, and quasi-public health care providers and facilities, as well as manufacturers and suppliers of PPE, pharmaceuticals, and other medical resources located within the Commonwealth of Pennsylvania.” The order is effective immediately.

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

Crisis Standards of Care Guidelines to Address the COVID-19 Pandemic

Since March 13, 2020, when President Trump declared a national state of emergency due to the COVID-19 crisis, we have been in a healthcare crisis. The United States’ response to the COVID-19 pandemic has been plagued by increasing shortages of personal protective equipment (PPE), supplies, beds and physicians necessary to care for COVID-19 patients. In addition, drastic patient surges, limited numbers of life-saving ventilators and healthcare providers who have been working tirelessly for weeks in a constant state of emergency all contribute to an extremely strained health system. Not only do more and more patients need care each day, healthcare providers must work quickly to diagnose, triage and treat patients, as well as make difficult decisions on how ventilators are assigned and reassigned. And we have yet to hit the anticipated spikes in COVID-19 cases.

Accordingly, states have either implemented or developed Crisis Standards of Care (CSC). A CSC is triggered when healthcare systems are so overwhelmed by a pervasive or catastrophic public health event, such as COVID-19, that it is impossible for them to provide the normal, or standard, level of care to patients. Instead of meeting the standard of care to avoid liability, providers must now meet the crisis standards of care as set-forth on a statewide basis or adapted by individual facilities.

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

Cannabis Industry and State Regulators Forced by COVID-19 to Evaluate and Improve Methods of Cannabis Delivery and Access

Cannabis operators, like all other businesses, are searching for new ways to reach their customers during the COVID-19 pandemic. Cannabis businesses have been generally treated as “essential” under the various state orders that have otherwise closed businesses and ordered people to stay at home. Even though they have been permitted to operate, it is not business-as-usual for these operators as they grapple with CDC workplace restrictions and guidelines for reducing the spread of COVID-19.

As a result of these restrictions, state regulators and cannabis business have begun implementing new policies and procedures such as curbside pick-up, expanded delivery zones and increased use of contactless payment methods. While these changes are viewed as temporary, if properly implemented, cannabis businesses may be able to show regulators that these expanded policies should continue after the crisis has passed. This difficult time presents an opportunity for cannabis retailers to expand their reach and help bolster support for more online ordering, home delivery and other delivery methods.

To read the full text of this post by Duane Morris attorneys Justin A. SantarosaArletta BussiereJoe Pangaro and Justin Stern, which contains a summary of how several states have handled the COVID-19 pandemic in relation to the operations of cannabis businesses during the stay-at-home orders, please visit the Duane Morris Cannabis Industry Blog.

Pennsylvania Offers Economic Relief Programs for Businesses and Nonprofits

In response to the current COVID-19 pandemic, federal, state and local governments are ushering in an array of programs and tax relief measures to help mitigate the adverse economic impact of COVID-19 on business and nonprofit entities.

To read the full text of this Duane Morris Alert, which identifies and provides an overview of available economic programs, tax relief measures and deadline extensions for applicable Pennsylvania and Philadelphia organizations affected by the COVID-19 pandemic and closures, please visit the firm website.

Pennsylvania Lawmakers Pass COVID-19 Emergency Response Bills

On the evening of March 25, 2020, the Pennsylvania Senate and House of Representatives unanimously voted to approve a number of COVID-19 emergency response bills in an effort to adapt to the continued public health emergency caused by the pandemic. The bills are currently awaiting final approval by Governor Tom Wolf.

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

Critical Updates on the Status and Operations of the Philadelphia Courts Amid the Covid-19 Crisis

By Emily Kowey Roth

As of March 23, 2020 at 3 p.m., access to the Philadelphia Court of Common Pleas Civil and Orphans’ Court E-filing System has been restored. All writs of summons received through the E-filing System will be considered docketed when acknowledgement of receipt is sent by email. However, Orphans’ Court and Civil emergency petitions must still be filed over-the-counter in person as specified in Emergency Administrative Order No. 10 of March 17, 2020 (“Order No. 10”) Continue reading “Critical Updates on the Status and Operations of the Philadelphia Courts Amid the Covid-19 Crisis”

Gov. Wolf Revises Pennsylvania Non-Life-Sustaining Business Shutdown Order with Waivers Allowed

Pennsylvania Governor Tom Wolf has amended his March 19, 2020, order regarding the “Closure of All Businesses That Are Not Life Sustaining.” Commencement of enforcement actions against “non-life sustaining businesses that are out of compliance” was moved from March 21, 2020, at 12:01 a.m. to March 23, 2020, at 8:00 a.m., giving nonexempt businesses two additional days to prepare for closure or seek an exemption.

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

Philadelphia Issues “Stay at Home” Order

As you have likely been following, New York and New Jersey have issued similar but slightly different Stay at Home orders over the weekend. Pennsylvania has also issued a “non-life supporting” business physical locations shut down effective as of Friday, March 20, 2020. The list of what constitutes a “life-sustaining” business has been modified twice since the initial announcement.

As of March 22, 2020, the City of Philadelphia has declared by Executive Order, a similar Stay at Home Order.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Opportunity Zones Blog.

Philadelphia: Construction and the Intersection with Gov. Wolf’s Shut Down of Physical Locations of “Non-Life Sustaining” Businesses Announcement

As you likely know, Governor Wolf of PA has issued a closure order for “non-life sustaining” businesses. There is a list online of the life sustaining businesses. All “non-life sustaining” businesses were required to close their physical locations as of Thursday at 8 PM. This Order was modified this morning, March 21, with a few changes to the list of businesses that qualify as “life sustaining” and a change to the process of requesting a waiver.

In response to Governor Wolf’s order, which includes construction in “non-life supporting” business column and which has shut down construction sites in Pennsylvania, the Philadelphia Department of Licenses and Inspections offered guidance.

To read the full text of this blog post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Opportunity Zones Blog.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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