COVID-19
RESOURCE CENTER
Updated November 9, 2021
To provide feedback on HLB’s COVID-19 Resource Center, please click here.
Hooper, Lundy & Bookman has created a COVID-19 Resource Center and assembled a task force of attorneys and government relations professionals to monitor the latest developments affecting health care providers in the face of the pandemic. The Resource Center includes federal and select state resources on COVID-19, as well as guidance from select national trade associations, and will be updated over the course of this crisis. Task force members are available to advise clients regarding the impact of COVID-19, and associated law and policy, on their operations and reimbursement, business considerations, and litigation strategies.
Introduction Letter from Nina Marsden,
Chair, COVID-19 Task Force
HLB COVID-19 Insights
Webinars
- HLB Webinar: Legal Considerations with Implementing Sustainable Telehealth Programs During the Pandemic and Beyond
(Featuring Jeremy Sherer and Andrea Frey)
July 22, 2020, 10 AM PT / 1:00 PM ET
> Webinar Audio Recording
> Podcast Link
> Webinar Slides - Northeast/Mid-Atlantic’s 2020 Virtual Telehealth Conference: Telehealth and Post-Acute Care (Featuring Mark Reagan and Jeremy Sherer)
July 17, 2020, 9:00 AM to 2:00 PM ET - HLB Webinar: COVID-19 Financial Relief for Providers: CARES Act Provider Relief Fund, Uninsured Program, and Coverage Issues (Featuring Nina Marsden, Paul Garcia, Katrina Pagonis)
June 9, 2020, 10:00 AM PT / 1:00 PM ET
> Webinar Audio Recording
> Podcast Link
> Webinar Slides - HLB Webinar: COVID-19 and Legal Changes to AHP and Medical Resident Practice: Challenges in Redeploying Existing Healthcare Workforce During the State of Emergency and Beyond (Featuring Katherine Dru, Catherine Wicker, Jodi Berlin, Katrina Pagonis)
May 19, 2020, 10:00 AM PT / 1:00 PM ET
> Webinar Audio Recording
> Webinar Slides
- Massachusetts Health & Hospital Association Webinar: COVID-19 and the Rise of Telemedicine (Featuring Amy Joseph and Jeremy Sherer)
May 6, 2020, 9:30 AM PT / 12:30 PM ET - Wolters Kluwer Health Law Webinar Series: Managing Telehealth Compliance: State vs. Federal Regulations (Featuring Andrea Frey and Jeremy Sherer)
April 23, 2020, 10:00 AM PT / 1:00 PM ET
> Webinar Audio Recording
> Webinar Slides
- NAMSS Webinar: Practical Pointers for Addressing the Impact of COVID-19 on Medical Staffs (Featuring Emily Brinkman, Jennifer Hansen, Ruby Wood)
April 21, 2020, 10:00 AM PT / 1:00 PM ET
> Webinar Slides
- HLB Webinar: COVID-19 Financial Relief for Providers—Supplemental Payments, Loans, and Beyond (Featuring Nina Marsden, Katrina Pagonis, Andrew Struve, Gary Torrell)
April 16, 2020, 10:00 AM PT / 1:00 PM ET
> Webinar Audio Recording
> Podcast Link
> Webinar Slides
> Financial Relief for Providers During the COVID-19 Pandemic: Guide - CTeL’s Coronavirus Webinar Series: Telehealth and Long-Term Care During the COVID-19 Pandemic (Featuring Mark Reagan and Jeremy Sherer)
April 15, 2020, 11:00 AM PT / 2:00 PM ET
> Webinar Slide -
HLB Webinar: Navigating Stark During COVID-19 (Featuring Ben Durie, Amy Joseph, Charles Oppenheim)
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HLB Webinar: Practical Tips for Medical Staffs in the Face of COVID-19 (Featuring Emily Brinkman, Ross Campbell, Jennifer Hansen, Matt Lahana, Ruby Wood)April 9, 2020, 12:00 PM PT / 3:00 PM ET
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HLB Webinar: CARES Act – Hot Topics for Health Care Providers (Featuring Kelly Delmore, Andrea Frey, Nina Marsden, Katrina Pagonis, Jeremy Sherer)April 2, 2020, 10:00 AM PT / 1:00 PM ET
HLB Toolkit
HLB Insights: Financial Relief Guide (UPDATED April 27, 2020)
HLB has assembled a Financial Relief Guide to help health care providers identify and access financial resources available to them during the COVID-19 public health emergency.
HLB Health Law Advisories
- CMS and OSHA Release Federal Vaccine Mandates (11/9/21)
- Congress Passes Additional COVID-19 Relief (3/10/21)
- DMFEA Launches Operation SAFE to Investigate SNFs During COVID-19 (1/29/21)
- Year-End Legislation Addresses Funding, COVID-19 Relief, and Health Care (12/22/20)
- Can you Force a Delinquent Health Care Tenant Into Bankruptcy in the Midst of a Pandemic? Should you? (10/8/20)
- Coronavirus-Related Business Interruption Claims Find Favor with the United Kingdom’s High Court (9/16/20)
- Coronavirus-Related Business Interruption Claims: Update from the Trenches (9/11/20)
- Dealing with Prior DOJ Health Investigations During COVID-19 (8/26/20)
- COVID-19 Accelerates Health Care Financial Restructuring (8/20/20)
- Massachusetts Implements Permanent Telehealth Policy, Extends MassHealth Telemedicine Coverage (7/7/20)
- New Guidance from SBA on PPP Loans (5/14/20)
- States Acting to Limit Legal Liability of Healthcare Providers, Physicians and Healthcare Professionals for Care Provided During COVID-19 Pandemic (5/11/20)
- Flexibilities for the California Medi-Cal Program and Medi-Cal Providers Provided by Executive Order N-55-20 (5/7/20)
- Resuming Elective Procedures During COVID-19: Federal and State Guidance (5/7/20)
- CMS Issues Second Interim Final Rule to Expand Provider Flexibility and Coverage During the COVID-19 Pandemic (5/2/20)
- EMTALA Guidance for Hospitals Managing the COVID-19 Pandemic (5/1/20)
- Administration Turns Focus to Long-Term Care Industry (5/1/20)
- PRRB and CMS Suspend or Extend Many Appeal and Medicare Cost Report Deadlines Due to Covid-19 But Some Critical Deadlines Remain Unchanged (4/29/20)
- Congress Passes Emergency Funding Bill to Assist Providers and Small Businesses (4/23/20)
- CMS Clarifies Stark Law Blanket Waivers (4/22/20)
- HHS Announces Allocations from Provider Relief Fund; Hospitals Must Submit Data by Thursday, April 23 for Targeted Allocation (4/22/20)
- HHS Distributes $30 Billion in CARES Act Relief Payments to Providers (4/11/20)
- IP’s Role in Covid-19 Tests, Treatments, and Vaccines (4/9/20)
- EIDL: Another Loan Available to Health Care Providers Under The CARES Act (4/7/20)
- CMS Issues Broad Stark Law Waiver for COVID-19 (4/1/20)
- The CARES Act Amends Part 2 to Align with HIPAA (4/1/20)
- CMS Grants Massachusetts 1135 Waiver Request (3/31/20)
- CMS Grants Colorado 1135 Waiver Request (3/31/20)
- CMS Expands the Accelerated and Advance Payments Program During COVID-19 Pandemic (3/30/20)
- Newly-Passed Coronavirus Relief Bill Includes Assistance for Many, Including Health Care Providers (3/27/20)
> What’s in the $2 Trillion CARES Act for Health Care? - CMS Grants Rhode Island 1135 Waiver Request (3/26/20)
- Practical Tips for Implementing Telehealth During the COVID-19 Pandemic (3/25/20)
- First Reports of Coronavirus Fraud and Abuse Emerging (3/25/20)
- California Department of Public Health Requests 1135 Waiver During COVID-19 Emergency (3/25/20)
- CDPH Suspends Enforcement of Hospital Licensing Requirements (3/20/20)
- Increased Flexibility for Out-of-State Physicians to Assist with COVID-19 Response (3/20/20)
- Section 1135 Waivers Issued Following President’s Emergency Declaration (3/18/20)
- CMS Issues EMTALA Guidance for Hospitals acing Influx of Patients with Suspected or Confirmed Novel Coronavirus (COVID-19) (3/13/20)
- Congress Enables HHS to Relax Telehealth Restrictions to Help Fight COVID-19 (3/11/20)
- COVID-19 Response: HLB Resource Page, California State of Emergency and Guidance, and CMS Survey Guidance (3/9/20)
Services
Financial Relief for Providers
- CARES Act stimulus funds
- Medicare add-on payments and sequester relief
- Accelerated/Advanced Payments
- Business interruption insurance claims
- Debtor-creditor matters and workouts
- Contractual issues (e.g., force majeure, rent abatement)
- Small Business Administration loans, including the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL)
Health Care Operations
- Hospital and skilled nursing facility operations, licensing, and staffing
- Engagement with state and county agencies re COVID-19 related challenges
- Establishment and operation of surge tents
- Establishment and operation of drive-through testing locations
- Establishment and operation of COVID-19 units, wings, and facilities
- Establishment and operation of alternative care sites
- Rationing of testing, care, and equipment
- Discharges and surge capacity
- Hospital and post-acute provider relationships
- Decisionmaking re “Elective” procedures
- Behavioral health care considerations
- Individual professional licensing issues
- Compliance with pharmacy law
Stark Law Compliance
- Waiver issues
- Structuring/re-structuring business arrangements
Telehealth
- Expansion of practice of telehealth
- Expansion of telehealth coverage
- Telehealth billing and reimbursement
- Privacy and security questions
EMTALA
- Waiver issues
- Medical screening examinations and temporary sites
- Patient redirection
Coverage and Uncompensated Care Issues
- COVID-19 testing cost-sharing waivers
- Hospital presumptive eligibility and Medicaid
- COBRA continuation coverage
- Exchange enrollment assistance
- Out-of-network disputes
Understanding Federal and State Guidance
- Timelines of other CMS rulemaking, deadlines, implementation and reporting
- Continuation of existing models and quality programs during the pandemic
- Identifying areas requiring further clarification from CMS
Medical Staff
- Credentialing/privileging advice
- Use of temporary/emergency/disaster privileging mechanisms
- Confidentiality and peer review privilege advice
- Ethical and legal considerations relating to allocation of critical care resources
- Methods to respond to practitioners who are infected, potentially infected and recovered
- Responding to heightened stress levels and practitioner well-being
- Advice regarding whistleblower protections
Resources
HLB COVID-19 Team
