Managing the COVID-19 crisis in the healthcare sector

A reference tool for healthcare executives and their in-house counsel

Healthcare Alert

By:
Many of the nation's health systems, hospitals, physician groups and other healthcare companies are on the front lines of the most significant public healthcare and economic crisis of a lifetime. As the coronavirus disease 2019 (COVID-19) pandemic unfurls, public and healthcare officials are speaking out about the path forward – but the dramatic pace of change means their messages can at times be confusing. Many in the sector remain uncertain about the meaning of the latest legal and regulatory developments, such as newly enacted COVID-19 related relief legislation, social mandates (among them remote working and social distancing), and evolving clinical needs and testing protocols.

In this time of growing uncertainty, we recognize that many of our clients are facing significant business disruptions and unprecedented challenges. More than ever before, healthcare executives and their in-house counsel are being asked to make pivotal decisions on short notice. In this environment, it is critical for them to be able to quickly access the proven advice and guidance.

To help you, we have selected key COVID-19 related alerts with the healthcare sector executive team and in-house counsel team in mind, categorized by key topics:

  • Finance and relief funding

  • Healthcare regulatory and public policy

  • Corporate, operations and procurement

  • Human resources

  • Privacy

  • Information technology and tele-services
These alerts are pulled from DLA Piper's Coronavirus Resource Center – our global repository of reports, commentary and insights about the ramifications of COVID-19 across industries.

Going forward, to help healthcare executives and their in-house counsel access real-time information, we will provide regular updates, rotating in new reports and alerts to help accelerate your ability to anticipate and react to healthcare business issues as they arise.

We hope that you and your families remain safe and well. As always, we are here for you.

For the latest collection of COVID-19 guidance and insights curated for the Healthcare sector, click here.

Finance and relief funding

Finance and relief funding
CARES Act may offer relief for medical practices, but raises questions for private equity-backed practice management companies
Immediate COVID-19 relief to Medicare providers arrives… with conditions
FCC now accepting applications for CARES Act telehealth grants
Coronavirus: US federal and state governments work quickly to enable remote online notarization and SBA PPP loans to meet global crisis
Precautionary revolver draws – financial cure for COVID-19?
Loan modifications and forbearance during the COVID-19 crisis

Healthcare and regulatory public policy

Healthcare and regulatory public policy
CMS Emergency Preparedness Rule: planning during COVID-19
Opening Up America Again Guidelines signal relaxation in elective surgery restrictions
CMS issues temporary waivers to allow hospital services to be provided in community-based locations and clarifies the applicability of EMTALA for locations outside of the hospital
Therapies for COVID-19: what is in the pipeline?
CMS regulatory waivers relax supervision and other requirements in an effort to address staff shortages caused by rising COVID-19 cases
COVID-19 emergency declaration allows Centers for Medicare & Medicaid Services to issue 1135 waivers, 1915(c) waivers and changes to survey and audit processes

Corporate operations and procurement

Corporate operations and procurement
Hotels and hospitals may find new partnerships to solve for bed capacity issues and vacancies
Coronavirus: State Attorneys General take action against alleged price gouging in personal protection equipment sales
Is coronavirus a force majeure event?
Importing critical healthcare supplies during the COVID-19 pandemic: recent US developments
COVID-19 and the “essential business” designation: practical guidance for businesses that fall in the gray area between “essential” and “non-essential”
Post-COVID-19: What to expect in the “next normal”

Human resources

Human resources
Families First Coronavirus Response Act – health emergency leave and exempted healthcare providers
Economic downturn: key executive compensation issues for employers
The impact of COVID-19 on dependent care flexible spending accounts
CARES Act retirement and health plan relief: Practical implications for Employers
Coronavirus Aid, Relief, And Economic Security (CARES) Act payroll tax relief provisions—a quick look for nonprofits and microenterprises
Coronavirus: DHS Response to COVID-19 – What US Employers Need to Know
Coronavirus: Cybersecurity considerations for your newly remote workforce (United States)

Privacy

Privacy
Beyond Social distancing – What employers need to know to keep their workplaces safe and manage privacy obligations in the face of COVID-19
HHS issues notification of enforcement discretion under HIPAA for certain uses and disclosures by business associates
US HHS issues waiver of certain HIPAA sanctions and penalties amidst COVID-19
US HHS-OCR clarifies waiver of HIPAA sanctions for telehealth services during COVID-19
HIPAA and the coronavirus (United States)

Information technology and tele-services

Information technology and tele-services
Latest round of CMS COVID-19 waivers includes telehealth expansion and other billing flexibilities
US telehealth update: New federal guidance to state Medicaid agencies suggests more coverage is coming
Top of mind: COVID-19 technology sector insights
Telehealth update: COVID-19 prompts emergency Medicare coverage and other seismic shifts
Teledentistry update: navigating teledentistry during the COVID-19 pandemic
CARES Act waivers from CMS provide additional flexibility for telehealth services and relief from certain Stark Law liabilities