Articles and Blogs

Thursday, March 19 Recap 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 Senate Republicans released the attached proposal for the third COVID-19... READ MORE

On March 18, 2020, the FDA issued FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic that provides guidance for Sponsors, Clinical Investigators and Institutional Review Boards (“IRBs”) on how to address disruptions in the conduct of clinical trials (“Trials”) as a result of COVID-19. COVID-19 Disruptions to Clinical Trials... READ MORE

Citing special circumstances in the national interest, the Office for Federal Contract Compliance Programs (“OFCCP”) has granted a temporary exemption and waiver of federal affirmative action obligations under certain federal contracts. The exemption and waiver applies only to federal contracts entered into between March 17, 2020 and June 17, 2020 for the specific purpose... READ MORE

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

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