Articles and Blogs

Wednesday, March 18 Update Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website. Congressional Outlook Sen. Mitch McConnell (R-KY) reversed course and the Senate passed... READ MORE

On March 10, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (“COVID-19”) in Home Health Agencies (“HHAs”)” (“QSO Memo”) that announced recommendations for HHAs regarding taking appropriate action to address potential and confirmed COVID-19... READ MORE

On March 17, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum titled “Information for PACE Organizations Regarding Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19)” (“CMS Memo”) that announced COVID‑19 guidance for Programs of All-Inclusive Care for the Elderly (“PACE”) program organizations (“PACE Organization”). The PACE program is a... READ MORE

Last Updated: April 13, 2020 Table of Contents Enforcement Discretion for COVID-19 Testing Sites Enforcement Discretion for Business Associate Public Health Disclosures Disclosures to Law Enforcement, Paramedics, First Responders and Public Health Authorities Privacy and Security Requirements for Telehealth Waived Section 1135 HIPAA Waiver OCR Bulletin: HIPAA and COVID-19 Hall Render privacy attorneys are... READ MORE

In light of President Trump’s declaration of a national emergency with respect to the COVID-19 pandemic and so as not to distract vital health care providers from preparing for and caring for patients, three accreditation organizations with deeming authority from the Centers for Medicare & Medicaid Services (“CMS”) have decided to postpone surveys or... READ MORE

As part of the first COVID-19 legislative package, President Trump signed into law the “Telehealth Services During Certain Emergency Periods Act of 2020.” This particular legislation allows the HHS Secretary to lift certain constraints on Medicare payments for qualifying telehealth services in those geographic areas where a COVID-19 emergency has been declared. The intent... READ MORE

Until today, the United States Drug Enforcement Agency (the “DEA”) has prohibited telemedicine prescribing of controlled substances unless the provider had previously seen the patient in a traditional in‑person physical encounter, or under other various narrow circumstances. But today, the DEA invoked their emergency authority at 21 U.S.C. § 802(54)(D) to permit telemedicine prescribing... READ MORE

When landlords and tenants negotiated their leases, they probably did not have COVID-19 in mind. They could not have reasonably anticipated that a global pandemic could bring the global economy (as well as toilet paper inventory) to a grinding halt, reshaping how businesses operate for at least the near future. As a result, there... READ MORE

On March 13, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a second revision of a memorandum entitled “Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (“COVID-19”) in nursing homes (REVISED)” (“QSO Memo”) that announced recommendations for skilled nursing facilities (“SNFs”) regarding restricting visitors, transfers... READ MORE

President Trump Issues Federal Emergency Declaration President Trump issued a federal emergency declaration on Friday, freeing up $50 billion in additional funding to help combat the virus. The president’s declaration will give the Department of Health and Human Services (“HHS”) the authority to waive certain regulations and laws in an effort to deliver care... READ MORE