Healthcare Law Blog

CMS Expands Accelerated and Advance Payment Program for COVID-19 Emergency

As part of the CARES Act, the Centers for Medicare & Medicaid Services (CMS) has expanded the Accelerated and Advance Payment Program to a larger group of Part A providers and Part B suppliers. The full fact sheet on the expansion is available from CMS here, but we’ve summarized the significant points below. More >

Kentucky Board of Nursing Issues Advisory on Nurse Practitioner Prescribing During State of Emergency, Pushes Telehealth

Healthcare Providers and First Responders: How New Paid Leave Laws Affect Your Workforce

In the midst of the COVID-19 crisis, Congress passed the Families First Coronavirus Response Act (“Families First”), which requires most employers to provide ten days of paid sick leave and paid FMLA benefits to employees under certain circumstances. Healthcare providers, however, are dealt with differently than other workers.  How Families First will manifest itself for healthcare workers is unclear but here are some takeaways: More >

KBML Reminds Physicians of Exceptions to Prescribing Rules for Controlled Substances During Declaration of Emergency

The KBML has issued an advisory opinion on prescribing requirements for controlled substances, reminding licensees that 201 KAR 9:260 Section 2(2) addresses situations when a physician is unable to conform to professional standards for prescribing of controlled substances due to circumstances beyond the physician’s control or when the physician makes a professional determination that it is not appropriate to comply with a specific standard. Given the “current but temporary state of emergency,” the KBML notes that there may be circumstances where it would not be appropriate to require a patient to come into the office prior to refilling a prescription. More >

Providing Medically Assisted Therapy During the National COVID-19 Crisis

With the President’s declaration of a national emergency, the HHS Secretary has issued waivers of certain regulatory requirements that enable health care providers that provide medically assisted therapy to provide services in a manner that will reduce the risk of transmission of the COVID-19 virus. The waivers relax Medicare and other regulatory requirements for telehealth that are to the benefit of physicians who can implement a telehealth program.  With the Kentucky Board of Medical Licensure’s guidance about prescribing refills of controlled substances for established patients that will apply to Buprenorphine, clinics have the authority to establish robust telehealth programs during this crisis. This is especially appropriate for substance use disorder patients as they may be particularly susceptible to the COVID-19 virus, often facing respiratory challenges as a result of pulmonary damage caused by drug use. In addition, substance use disorder patients often experience co-morbidities. More >

Coronavirus: Section 1135 Waivers Bring Relief to Healthcare Providers

Invoking powers under the National Emergency Act and the Stafford Act on March 13, 2020, the President declared a national emergency, which, in turn, authorized the Secretary of Health and Human Services to waive conditions of participation requirements for payment for healthcare providers through waivers provided under Section 1135 of the Social Security Act.  The 1135 waivers do not replace 1115 waivers that require states to individually submit requests for waiver of selected Medicaid requirements, but the 1135 waivers are designed to temporarily give healthcare providers more flexibility in providing services during the pandemic crisis. The 1135 waiver is very helpful but does not address all situations or answer all questions, and it creates ambiguity in certain circumstances.   More >

Kentucky Hospitals - Need Additional Acute Care Beds? It Can be Done

Given the recent predictions for an increase in the need for access to additional acute care beds, Kentucky hospitals have the option to seek emergency approval from the Kentucky Office of Inspector General's Division of Certificate of Need for operating these beds. The process is relatively simple, but requires affidavits that meet regulatory specifications. More >

Healthcare Entities: HIPAA's Privacy Rule Exceptions in Light of COVID-19

While the HIPAA Privacy Rule protects the privacy of patients’ health information (PHI), it is balanced to ensure that appropriate uses and disclosures of the information still may be made when necessary to treat a patient, to protect the nation’s public health, and for other critical purposes. More >

Tough Issues: Privacy and COVID-19

Now more than ever, healthcare providers face important issues about HIPAA and patient privacy requirements for patients being evaluated for COVID-19, for those being treated for it, and for those exposed to it.  Patient privacy issues are complicated and if not handled correctly create risks for healthcare providers and healthcare employees, including financial penalties. Even in times of emergency, the protections of the Privacy Rule are not set aside. With the public wanting to know who has been exposed, who has been tested, and who has COVID-19, as well as all the details about individual patients and their families, healthcare providers need to know what can be disclosed in a manner consistent with HIPAA’s Privacy Rule.  Healthcare workers must also know that they are not authorized to disclose information on individuals even when they think that it is in the best interest of the public. HIPAA privacy standards still apply even when disclosures are permitted.  Thus, now more than ever, healthcare providers must have strong policies and procedures in place that their employees know and follow. From clinicians to maintenance staff, healthcare providers should make sure that individual staff members understand their obligations and HIPAA’s privacy protections.   

Lisa English Hinkle is a Member of McBrayer law. Ms. Hinkle chairs the healthcare law practice and is located in the firm’s Lexington office. Contact Ms. Hinkle at lhinkle@mcbrayerfirm.com or (859) 231-8780, ext. 1256, or reach out to any of the attorneys at McBrayer. 

Services may be performed by others.

This article does not constitute legal advice.

EMS PROVIDERS: WHAT TO DO ON THE FRONT LINES OF COVID-19

Emergency Medical Services (“EMS”) providers play a critical role in the provision of front line healthcare for patients with known or suspected COVID-19 and are faced with the unique challenges of varying or enclosed treatment spaces, immediacy in decision-making, and often limited patient information.  It is imperative for EMS providers to stay up to date on COVID-19 protocols and guidance, and the McBrayer team is available today to ensure that you stay prepared throughout this public health crisis. More >