The CDC’s New Definition of “Close Contact”: What You Need To Know

The Centers for Disease Control and Prevention has expanded the definition of close contact to now evaluate exposure cumulatively over a 24-hour period such that “15 cumulative minutes of exposure at a distance of 6 feet or less can be used as an operational definition for contact investigation,”^[1] Because the newly expanded definition is not limited, it impacts many different industries (including transportation and logistics, health care, automotive, manufacturing, and educational industries) and different persons (e.g., first responders, health care professionals, customer-facing employees, and others). As winter is coming and the holiday season is upon us, the CDC’s new “close contact” definition greatly impacts all workers, employers, and workplaces, as everyone now needs to evaluate physical distancing in smaller, repetitive increments of time. Read More ›

U.S. Department of Labor Issues Revised Regulations Implementing FFCRA Leaves Following New York Court’s Decision

We reported last month on a decision by a New York federal court that rejected portions of the Department of Labor regulations implementing the Families First Coronavirus Response Act (“FFCRA”) leaves signed into law earlier this year. The FFCRA created rights for employees of employers with fewer than 500 employees, and all public employers, to take up to 10 days of paid sick leave under the Emergency Paid Sick Leave Act (“EPSLA”) for various COVID-19 related reasons, and another 10 weeks of paid leave under the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) for leaves necessitated by COVID-19 related school and day care closures. The court held that the following FFCRA rules were improper: Read More ›

Michigan Reinstitutes Pre-COVID Scope of Practice, Licensure, and Liability Standards

On July 13, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-150 to rescind a previous order (Executive Order 2020-61) that had permitted certain health care professionals to temporarily practice beyond the scope of their license. Governor Whitmer cited Michigan’s progress in slowing the spread of COVID-19 and the reduced pressure on hospitals as reasons for rescinding the prior expansion of scope.    Read More ›

DHHS Issues Terms and Conditions for Relief Funds

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” which includes $100 billion in relief funds for hospitals and other healthcare providers to be used to provide support for healthcare-related expenses or lost revenue attributable to COVID-19. Funding is also available to providers to assist uninsured individuals to obtain testing and treatment for COVID-19.  Read More ›

Nursing Home Compliance Under the COVID-19 Microscope

Nursing homes have been on the front lines throughout the COVID-19 pandemic as they care for the persons most at risk. In an effort to improve safety and curb the spread of COVID-19, federal and state authorities are relaxing certain compliance obligations. Despite this regulatory latitude, nursing facilities should remain aware that federal and state agencies continue to closely monitor nursing home compliance. Read More ›

OCR Guidance During the COVID-19 Public Health Emergency

Telehealth

On March 17, 2020, OCR issued guidance indicating that it would exercise enforcement discretion and waive penalties for entities that provide services to individuals using “everyday communication technologies.”

On March 20, 2020, OCR provided additional more detailed guidance on telehealth services applicable to all health care providers  covered by HIPAA who provide telehealth services during the COVID -19 public health emergency. Read More ›

Michigan Governor’s Executive Order 2020-30 Expands Health Care Professionals’ Scope of Practice and Lifts Certain Licensure Restrictions

On March 29, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-30  (“E.O. 2020-30”) temporarily lifting certain licensure and scope of practice restrictions for health care professionals practicing at health care facilities in response to the COVID-19 public health emergency.  E.O. 2020-30 contains the following provisions, which are effective immediately through the end of the COVID-19 public health emergency. Read More ›

Medicare Telemedicine Reimbursement Updates in Response to COVID-19

On March 17, 2020, the Centers for Medicare and Medicaid Services (“CMS”) implemented a telehealth waiver (the “Waiver”) under the Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020, which allows the U.S. Department of Health and Human Services (“HHS”) to temporarily waive certain Medicare restrictions and requirements regarding the delivery of telehealth services during the coronavirus public health emergency (the “Emergency”). Under the Waiver, CMS is expanding Medicare coverage for telehealth visits. Read More ›

CARES: Implications for the Healthcare Industry

On March 25, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES”). The House is expected to vote on the legislation on March 27, 2020. The following is a summary of the significant provisions impacting the health care industry. Read More ›

Fighting Fraud in the Wake of COVID-19

The federal government continues to develop responses to the evolving COVID-19 pandemic and now turns toward combatting COVID-19 related fraud. Attorney General Barr issued a memo on March 16, 2020 calling on all U.S. Department of Justice (“DOJ”) attorneys to prioritize the detection, investigation, and prosecution of wrongdoing related to COVID-19. Following Attorney General Barr’s instruction, the U.S. Attorney for the Northern District of Illinois appointed a federal prosecutor to lead the district’s crackdown of scammers attempting to leverage the pandemic for fraudulent purposes. U.S. Attorney’s Offices across the country are expected to follow this path to coordinate with federal, state, and local law enforcement partners to lead fraud investigations and enforcement. Read More ›