COVID-19


Tenn. Hospital Bankruptcy May Be the First of Many
April 16, 2020 | Rivkin Rounds Staff | COVID-19 | Hospitals | Legislation and Public Policy

An April 15 article in Law360, “Tenn. Hospital Bankruptcy May Be the First of Many,” discusses the impact of the coronavirus pandemic on the financial well-being of U.S. hospitals and health systems. Rivkin Radler’s James Lagios, Robert Iseman and Stuart Gordon collaborated on the article.

The article points out that in recent years, U.S. hospitals

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Rivkin Radler Provides Business Briefing On Stark Law Waivers During COVID-19 Pandemic
April 14, 2020 | Rivkin Rounds Staff | COVID-19 | Fraud and Abuse | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid

In the latest installment of Rivkin Radler’s COVID-19 Business Briefing Series, held on April 14, Geoffrey Kaiser and Ada Kozicz presented on the recent issuance by the U.S. Department of Health and Human Services (HHS) of blanket Stark Law waivers for certain types of business arrangements, intended to help address the current health emergency. On

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COVID-19 Business Briefing: Telehealth
April 7, 2020 | Rivkin Rounds Staff | Behavioral Health | COVID-19 | Cybersecurity | HIPAA | Home Health | Hospitals | Legislation and Public Policy | Private Insurers | Telehealth

On April 6, Rivkin Radler’s Eric Fader presented a COVID-19 Business Briefing on Telehealth. The Briefing covered recent developments in federal and state law and policy, and changes in private insurers’ policies, that have been aimed at encouraging the use of telehealth during the current public health emergency.

This Business Briefing was the second in

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CARES Act: Paycheck Protection Program Briefing
April 6, 2020 | Rivkin Rounds Staff | COVID-19 | Employer/Employee | Legislation and Public Policy

On April 6, Rivkin Radler’s Robert Iseman presented a COVID-19 Business Briefing on the Paycheck Protection Program that was created under the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Administered by the U.S. Small Business Administration, the Paycheck Protection Program will make up to $349 billion in loans available to small businesses that

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FDA Takes Steps to Speed COVID-19 Imports
April 6, 2020 | Marc S. Ullman | COVID-19 | FDA

On April 3, the U.S. Food and Drug Administration (FDA) posted a notice that it has created a special email address in order to assist importers who are experiencing delays bringing COVID-19-related supplies into the U.S. According to the notice, the primary reason for the delays is confusion relating to the difference between personal and commercial

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CMS Expands Accelerated and Advance Payment Program to Assist Providers
April 1, 2020 | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

As healthcare providers continue to fight the coronavirus outbreak, many practices are suffering major disruptions due to the cancellation of elective surgeries and office visits, among other things. In an effort to lessen the financial hardships facing these providers, on March 28 the Centers for Medicare & Medicaid Services (CMS) announced an expansion of its

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Legal Protections for NYS Healthcare Workers
April 1, 2020 | Benjamin P. Malerba | COVID-19 | Legislation and Public Policy | Litigation

New York Gov. Andrew Cuomo issued an executive order on March 23 expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus patients and, most significantly, provide healthcare providers with protection against lawsuits for medical malpractice and other potential liability. Executive Order 202.10 grants immunity to all physicians, physician assistants,

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CMS Issues Guidance on Blanket Stark Law Waivers During COVID-19 Crisis
April 1, 2020 | Geoffrey R. Kaiser | Ada Janocinska | COVID-19 | Fraud and Abuse | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid

On March 30, the Secretary of the U.S. Department of Health and Human Services issued blanket waivers of certain requirements of the federal physician self-referral law (Stark Law), retroactive to March 1, in response to the COVID-19 crisis. A detailed discussion of the waivers may be found here.

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CISA Guidance Clarifies “Essential Industry” for Healthcare
March 31, 2020 | Marc S. Ullman | Behavioral Health | COVID-19 | Home Health | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Nursing Homes | Pharmaceuticals

On March 28, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued a much-needed update clarifying what constitutes “essential industry” during the national COVID-19 response. This updated Guidance is especially important as many of the individual state declarations of emergency refer to “essential industry” without any enumeration, or specifically reference DHS-CISA agency

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CARES Act: Behavioral Health and Substance Abuse Provisions
March 30, 2020 | Christopher J. Kutner | Behavioral Health | COVID-19 | Electronic Health Records | HIPAA | Legislation and Public Policy | Telehealth

Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) will help people with substance use disorders and the healthcare professionals who care for them. The Substance Abuse and Mental Health Services Administration will receive $425 million to address mental health and substance use disorder needs as a result of

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