With scientists worldwide racing to develop a COVID-19 vaccine, many employers are asking if they can require employees to be vaccinated. As with everything COVID-19, there are many open questions, but here are some of the major legal issues in considering mandatory vaccination policies. To learn more, please visit Husch Blackwell’s Safety Law Matters blog.
On August 17, 2020, Tennessee Governor Bill Lee signed the Tennessee COVID-19 Recovery Act into law. The Act provides expansive protection to individuals and businesses from claims arising from COVID-19 unless there is clear and convincing evidence of gross negligence or willful misconduct. Health care professionals and facilities, businesses, non-profits, religious organizations, public institutions of higher learning, and all other individuals and legal entities are protected from liability under the Act.
The Department of Health and Human Services (“HHS”) announced on August 7th details of the next CARES Act-authorized nursing home Provider Relief Fund (“PRF”) distribution. The PRF distribution will total $5 billion, and will be used to protect residents of nursing homes and long-term care facilities from the impact of COVID-19.
The Texas Health and Human Services Commission (“HHSC”) announced on August 6th that limited visitation would be allowed at certain nursing homes and long-term care facilities throughout the state. Nursing homes and long-term care facilities must submit a form to their LTCR Regional Director to be permitted to allow limited visitation. Permitted nursing facilities may allow outdoor visits, window visits, vehicle parades, and compassionate care visits. Permitted long-term care facilities may also allow plexiglass indoor visits, provided that their visitation booth is approved by HHSC. Conditions for approval are listed in the HHSC LTCR Provider Letter.
The use of telehealth has become indispensable across the country in recent months due to the COVID-19 public health emergency (PHE) and Centers for Medicare and Medicaid Services (CMS)’s temporary expansion of payment for telehealth services. CMS reports that virtual visits for Medicare beneficiaries have jumped from approximately 14,000 per week pre-PHE to almost 1.7 million in the last week of April.
In light of the public health emergency and the urgent need to help individuals and small employers experiencing economic hardship, CMS announced on August 4, 2020 that it has adopted a temporary policy to allow health plan issuers to offer premium credits for 2020 coverage. In its guidance, CMS encouraged states to adopt a similar
On July 16, 2020, Colorado Governor Jared Polis issued an Executive Order requiring masks to be worn in all public indoor spaces, with limited exceptions. Executive Order D 2020 138 went into effect at midnight on July 16 and remains in effect for 30 days unless extended. It mandates that individuals wear masks “when entering or moving within any Public Indoor Space.” Many employers had questions about the scope and reach of this requirement and in particular how it applies in office environments with conference rooms and cubicles.
The Healthy Families and Workplaces Act (HFWA) introduces changes to paid sick and family leave that will impact Colorado employers in potentially significant ways. Also, the new law codifies whistleblower protections for workers who raise concerns about workplace safety related to a public health emergency, potentially spawning a wave of future lawsuits.
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Recently, CMS changed its process for approving provider transactions structured as equity transfers – which in Medicare’s eyes is generally classified as a change of information (“CHOI”). Previously, the process for approving such a transaction was for the provider to submit the applicable 855 Enrollment Application as CHOI to the provider’s assigned Medicare Administrative Contractor (“MAC”) and the MAC would then approve the CHOI. With this prior process, a provider only needed MAC approval for CHOIs. The CMS Regional Office only reviewed initial enrollments and changes of ownership (“CHOWs”).