On Thursday, January 14, 2021, President Biden’s administration announced its proposed $1.9 trillion COVID-19 stimulus relief plan: “The American Rescue Plan” (“Plan”). The Plan contains wide-ranging support for those affected by the pandemic. Notably, the Plan proposes to require all employers of any size to provide paid leave and to significantly extend the required paid
The pandemic of 2020 tested the mettle of our nation’s healthcare system in many unexpected and profound ways. As healthcare delivery was being rapidly restructured to accommodate COVID-19 diagnosis and treatment and socially-distanced care, bad actors simultaneously began to exploit the increased number of vulnerabilities in health information systems created by telehealth platforms, patient portals and the inattention of stressed, overworked staff. The result was an unprecedented number of cyberattacks culminating in an alert from the Cybersecurity and Infrastructure Security Agency (CISA) on October 28, 2020 addressing the plague of ransomware activity targeting the healthcare and public health sector.
We previously outlined the requirements of the Hospital Price Transparency Rule (the “Rule”), which goes into effect January 1, 2021. See The Price Transparency Rule Goes Into Effect January 1, 2021 – Is Your Hospital Ready? Since releasing that blog post, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision, ruling against the American Hospital Association and other hospital groups and upholding the District Court’s grant of summary judgement for the Department of Health and Human Services (“HHS”). Among its allegations, the American Hospital Association had contended that the Rule exceeded HHS’ statutory authority, violated the First Amendment, and was arbitrary and capricious under the Administrative Procedure Act.
Colorado’s Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment adopted final regulations on November 10, 2020, regarding equal pay transparency. Since our last update, on December 18, 2020, the Division issued its Interpretive Notice and Formal Opinion #9 (INFO #9) in yet another effort to provide clarity around the job posting and pay transparency provisions of EPEWA. These provisions have generated the most questions from human resource and internal legal teams. Below we have revised and updated our earlier FAQs to provide the most up-to-date guidance in a single resource.
Return-to-Campus Considerations is a limited series addressing the legal and practical considerations that institutions of higher education should keep in mind when responding to coronavirus-related concerns.
In this final installment, Husch Blackwell attorneys Mary Deweese and Ragini Acharya discuss the use of clinical students and student volunteers in the care of COVID-positive patients, identifying key considerations for academic medical centers and other institutions of higher education as they navigate decision-making with respect to their clinical programs. This webinar addresses issues related to liability and risk management, clinical affiliation agreements, and compliance with accreditation and licensing requirements, and also identifies what institutions should keep in mind for the next semester with respect to COVID-19 vaccinations.
Tune in here: https://bit.ly/3h1Cz6x
On December 10, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) released a proposed rule that would revise the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
In its news release, OCR noted that the changes “seeks to promote value-based health care by examining federal regulations that impede efforts among healthcare providers and health plans to better coordinate care for patients.” The proposed changes come on the heels of the recently delayed Information Blocking Rule, which seeks to prohibit interferences with access, exchange, or use of electronic health information (EHI). The key proposed changes are discussed below.
The FDA could approve two COVID-19 vaccines within a matter of days. However, drug makers have tried to keep expectations in check about how much vaccine they can deliver immediately and over the next few months as they grapple with supply chain and manufacturing challenges. In Safety Law Matters, we write about limited and
Register today to join our very own Healthcare lawyers, Jenna Brofsky and Timothy A. Hilton, and Husch Blackwell Labor and Employment and Health and Safety lawyers Brittany M. Falkowski and Avi Meyerstein as they present various issues and action steps employers should consider as they develop plans involving the much-anticipated COVID-19 vaccine. While there
Hopefully you had an opportunity to attend our recent Health Law & Innovation Virtual session titled “Stimulus Relief Funds: Strings Attached.” Here are program materials that will be helpful to you:
Cheat Sheet for CARE’s Act Provider Relief Funds
PowerPoint Presentation
Provider Relief Fund General Distribution FAQs (As of 10/28/2020)
U.S. Department of Health & Human Services | CARES Act Provider Relief Fund
If you miss some of the webinar, want to review some of the material or have a colleague who missed the program? The webinar recording is now available for viewing at your convenience. Simply register using the following link and you will have access to the recorded webcast. https://event.on24.com/wcc/r/2637091/918529162DBD1A80B6B8A27F1431372C
Effective on January 1, 2021, the Price Transparency Rule (the “Rule”) requires all hospitals operating within the United States to make public a list of their standard charges for items and services via the Internet in a machine-readable format. Hospitals must also provide prices for a list of 300 shoppable services that must be made publicly available in a searchable, consumer-friendly format. This requirement is being enforced with the intent to enable healthcare consumers to make more informed decisions based on cost, increase market competition, and ultimately drive down the cost of healthcare services, making them more affordable for all patients. Many hospitals are spending time now to determine which “items and services” require price disclosure under the Rule, and some have found that the Rule does not provide sufficient guidance in all situations.