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CDC Expands the Definition of Close Contact for COVID-19
Dinsmore & Shohl LLP, October 2020

On Oct. 21, 2020, the Centers for Disease Control and Prevention (CDC) released a new definition for “close contact.” The new definition was expanded to account for the cumulative amount of exposure one might have had with a person infected with COVID-19. Under the new definition, close contact is defined as being “within six feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period beginning two days before illness onset...

Life Sciences Enforcement Trends in 2020 and Outlook for 2021
Dinsmore & Shohl LLP, October 2020

Although the U.S. Department of Justice (DOJ) reported a slight decrease in settlements with life sciences companies in FY2019 (the most recent year for which data is available),[1] this likely will be a temporary trend. Several significant settlements and investigations in 2020 provide key insights into government enforcement priorities as we look toward 2021...

The CDC Revises the Definition of Close Contact
Schwabe, Williamson & Wyatt, October 2020

On October 21, 2020, the Center for Disease Control (CDC) published a new guidance for use by contact tracers that clarifies what had been a somewhat fuzzy definition of “close contact.” The new definition increases the number of individuals presumed to have an exposure to COVID-19, and will significantly affect schools and workplaces since those presumptively exposed individuals will be asked to isolate for a period of 14 days...

Malpractice Liability Considerations for Telehealth
Buchalter, October 2020

  As the use of telehealth continues to increase, providers need to be mindful of the liability laws in the jurisdictions that they operate in. Similar to in-person medical practices, telehealth services carry liability and malpractice risks. Once a provider virtually crosses a state line, he or she becomes subject to the liability laws of the other state...

Ensuring the Enforceability of Electronic Arbitration Agreements in Virtual Admission Packets
Spilman Thomas & Battle, PLLC, October 2020

With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including an arbitration agreement, to potential residents and/or their legal representatives electronically. While it is preferable from a legal standpoint that the arbitration agreement be presented and executed in person, in today's world that is not always possible...

COVID-19 and Unprecedented: Litigation Insights, Issue 28
Spilman Thomas & Battle, PLLC, October 2020

This 28th edition of Unprecedented, our weekly update on COVID-19-related litigation, includes a number of updates on the mounting number of business interruption coverage disputes -- including a claim against a broker whose alleged failure to obtain infectious disease coverage left the insured without coverage for COVID-19-induced losses...

Words to Remember: Mother’s Sayings Help Us Get Through the Pandemic
Bradley Arant Boult Cummings LLP, October 2020

In these strange new days of back-to-back vir-tual meetings, working from home offices, home-schooling children, and social distancing from the grocery store, not to mention from most human beings—who is to say that anyone actually will read these pearls of wisdom from my sweet, dearly departed mother...

With Its Latest National Enforcement Initiative, DOJ Continues to Focus on Fraudulent Telemedicine Themes
Morris, Manning & Martin, LLP, October 2020

On September 30, 2020, The Department of Justice (DOJ) announced the results of a sweeping joint healthcare fraud and opioid takedown that resulted in charges against 345 different defendants who were responsible for over $6 billion in government losses involving fraudulent healthcare services and improper billing. This was the largest healthcare fraud enforcement action in the history of the DOJ...

Three Key Things in Health Care - October 13, 2020
Hunton Andrews Kurth LLP, October 2020

THREE KEY THINGS IN HEALTH CAREFrom the Health Care Practice of Hunton Andrews Kurth LLP   HCA Healthcare’s announcement that it will be returning $1.6 billion in Provider Relief Funds illustrates the challenges facing providers in accounting for PRFs under shifting guidance from the Centers for Medicare and Medicaid Services...

Occupational Health and Safety in the Maritime Sector Against COVID-19
LEGA Abogados, October 2020

As a consequence of the spread of COVID-19, certain protection and prevention measures have been developed in order to safeguard health in the different sectors that are operational. In this report we will share security measures implemented in Venezuela aimed at protecting the health of operators and personnel working in ports and at sea, as well as some recommendations established by international organizations...

Ohio Introduces Proposed Legislation to Expand Telehealth Services
Dinsmore & Shohl LLP, October 2020

Ohio legislators recently introduced proposed H.B. 679, expanding telehealth services. As a result of the COVID-19 pandemic, telehealth has become more prevalent and necessary. Ohio lawmakers realize telehealth is only going to become more widespread in the future, as patient usage and acceptance continue to grow. If enacted, H.B...

New California Family Rights Act: State Family Care and Medical Leave Expanded
Hanson Bridgett LLP, October 2020

Key Points Effective Jan. 1, 2021, most California employees — even those who work for very small businesses — will be entitled to 12 weeks of job-protected time off work under the CFRA for qualifying reasons. Qualifying reasons for leave are broadly defined to include caring for a family member — including grandparents, grandchildren, adult children and siblings — with a serious health condition...

Leasing Healthcare Employees? Don’t Overlook The Benefits Traps, Part III
Bradley Arant Boult Cummings LLP, October 2020

As noted in Part I and Part II of this series, benefits compliance concerns typically take a backseat to the many good reasons for healthcare organizations to provide or receive the services of leased employees. However, with sufficient awareness, these compliance issues, which often have surprisingly outsized risks, can generally be managed without disrupting the aims of the employee leasing arrangement...

Jason Habinsky in Bloomberg Law: ‘My Brain’s Not as Sharp: COVID Woes Stalk Workers Back on Job’
Haynes and Boone, LLP, October 2020

Haynes and Boone, LLP Partner Jason Habinsky talked with Bloomberg Law about labor and employment implications for employers at companies with COVID-19 survivors.Below is an excerpt:Millions of people could be dealing with medical issues including heart, kidney and lung damage long after the pandemic subsides...

Three Key Things in Health Care - October 7, 2020
Hunton Andrews Kurth LLP, October 2020

Hospital providers should be planning now for potential impacts from the new 2021 Medicare Emergency Triage, Treat and Transport model. In a year fraught with challenges stemming from the COVID-19 pandemic, the Centers for Medicare & Medicaid Services announced 2019 performance year results for the Medicare Shared Savings Program, evidencing $1.19 billion in total net savings to the Medicare program...

New California Law Imposes Additional Infection Preventionist and Reporting Requirements on Skilled Nursing Facilities
Hanson Bridgett LLP, October 2020

Key Points Starting Jan. 1, 2021, California skilled nursing facilities must have a full-time, dedicated Infection Preventionist. Infection Preventionists must be an RN or LVN, but their hours may not count in minimum direct patient care staffing calculations...

Three Key Things in Health Care
Hunton Andrews Kurth LLP, September 2020

Moving the Goalposts: The New Notice of Reporting Requirements for Provider Relief Fund (“PRF”) General and Targeted Distributions On September 19, the Centers for Medicare and Medicaid Services (“CMS”) published its General and Targeted Distribution Post-Payment Notice of Reporting Requirements (“Reporting Requirements”)...

FDA Will Be Flexible in Enforcing New Nutrition and Supplement Facts Labeling Requirements for Small Food Manufacturers
Hanson Bridgett LLP, September 2020

Key Notes FDA announces flexible approach to enforcement of Nutrition and Supplement Facts labeling requirements for small food manufacturers and manufacturers of packaging for single-ingredient sugars, in part due to the impacts of COVID-19. The FDA adopted final rules updating the Nutrition and Supplement Facts1 labeling requirements (the “Rules”) that are effective on Jan...

Service Tax (ISS) on Activities of Health Plan, Fund Management and Leasing will be Shared Between the Municipalities of the Service Provider and the Client
Veirano Advogados, September 2020

Complementary Law No. 175/2020, enacted in September 23, 2020, determined that the Service Tax (ISS) must be shared between the municipalities where the service providers and the clients are located. Complementary Law No. 175/2020, enacted in September 23, 2020, determined that the Service Tax (ISS) must be shared between the municipalities where the service providers and the clients are located...

HHS Implements New Radiation Oncology Payment Model
Waller, September 2020

Details regarding a new Medicare payment model for radiation oncology care have been released by the Department of Health and Human Services (HHS). The new Radiation Oncology Model (RO Model) qualifies as an Advanced Alternative Payment Model (APM) and a MIPS APM under the Quality Payment Program. According to this release from HHS, the RO Model aims to “promote quality and financial accountability for providers and suppliers of radiotherapy...

New Bill Expands Cal/OSHA Enforcement Rules Over COVID-19 Related Illnesses For All Employers
Hanson Bridgett LLP, September 2020

Key Points Under Assembly Bill 685, Cal/OSHA can shut down a worksite if the worksite exposes employees to a COVID-19 related imminent hazard. AB 685 subjects employers to increased notification requirements that must be met within one business day of a potential exposure to COVID-19. Employers must notify local public health agencies of all workplace COVID-19 outbreaks amongst employees. Cal/OSHA can now issue serious citations more quickly. On Sept...

Ohio Passes Law Providing COVID-19 Liability Shield for Individuals, Businesses, and Health Care Providers
Dinsmore & Shohl LLP, September 2020

On Sept. 14, 2020, Ohio Governor Mike DeWine signed into law a bill, which provides significant protections against tort claims arising from COVID-19 to all entities, including individuals, businesses, health care providers, property owners, government entities, churches, and schools. Amended Sub...

Buchalter COVID-19 Client Alert: Guidance in Implementing San Francisco Department of Public Health COVID-19 Health Screening Forms
Buchalter, September 2020

San Francisco’s Department of Public Health (“SFDPH”) issued yet-another update to its Shelter-in-Place Order, C19-07, on September 14, 2020 (now up to version “i”). This order has been frequently modified to reflect changes in other state and local directives, as more is learned about the disease and as more businesses are allowed to re-open...

6 Ways Independent Hospitals can get Stronger Amid the COVID-19 Pandemic
Waller, September 2020

The impact of COVID-19 and the economic downturn has pressured independent hospitals, rural hospitals and smaller health systems in particular. Despite the immense challenges, independent facilities and their Boards should take this time to best position for the near- and long-term. In light of this, Waller partnered with Kaufman Hall to develop a guide for healthcare leaders, The Health System Growth Imperative: Charting Opportunities During the Pandemic and Beyond...

COVID-19: Entry into the Emirates of Dubai and Abu Dhabi
Afridi & Angell, September 2020

On 12 September 2020, the UAE Ministry of Health and Prevention (MoHAP) reported 1007 new COVID-19 cases in the UAE. With the number of cases rising both within the UAE and in most other countries, the UAE government has reiterated the importance of adhering to preventive guidelines and has further placed safeguards, particularly in Abu Dhabi, to ensure that those traveling to the UAE are confined to prevent the transmission of the virus...

 

 

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