This Diagnosing Health Care episode examines the fraud and abuse enforcement landscape in the telehealth space and considers ways telehealth providers can mitigate their enforcement risks as they move into the new year. Hear how the uptick in enforcement warrants close consideration by telehealth providers, especially those that are new to the space and have not yet built their compliance infrastructures.
On January 12, 2021, the Ontario government declared a second provincial emergency under section 7.0.1 (1) of the Emergency Management and Civil Protection Act, in response to the drastic rise in the number of COVID-19 cases in the province.
As part of the provincial emergency, Ontario has issued a stay-at-home order that will come into effect at 12:01 a.m. on Thursday, January 14, 2021, and will last for at least 28 days. This stay-at-home order requires that Ontarians remain at home except for certain permitted purposes, including going to the grocery store or pharmacy, accessing health care services, exercising, or working, where permitted. The province has mandated that “all businesses must ensure that any employee who can work from home, does work from home” (emphasis added).
The U.S. Supreme Court will consider whether the federal government can approve state programs that force Medicaid participants to work, go to school, or volunteer to get benefits. Both Arkansas and the Justice Department sought review of the issue. Epstein Becker Green attorney Clifford Barnes provides potential paths for the Biden administration to best position itself in the case.
HITECH Act Amendment Incentivizes Adoption of NIST and Other Recognized Cybersecurity Safeguards as a Defense or Mitigation to HIPAA Enforcement
On January 5, 2020, HR 7898, became law amending the Health Information Technology for Economic and Clinical Health Act (HITECH Act), 42 U.S.C. 17931, to require that “recognized cybersecurity practices” be considered by the Secretary of Health and Human Services (HHS) in determining any Health Insurance Portability and Accountability Act (HIPAA) fines, audit results or mitigation remedies. The new law provides a strong incentive to covered entities and business associates to adopt “recognized cybersecurity practices” and risk reduction frameworks when complying with the HIPAA privacy and security standards to reduce risk associated with security threats and HHS enforcement determinations. Specifically, the earlier adoption of an established, formalized and recognized cybersecurity framework, may significantly insulate entities from regulatory enforcement in the wake of subsequent security incidents or data breaches.
On January 4, 2021, Dr. Eileen de Villa, Medical Officer of Health, announced new measures for all employers and persons responsible for a business or organization in the City of Toronto (“Toronto“) permitted to be open under the Reopening Ontario Act. All persons responsible for a business or organization in Toronto are instructed to follow the public health measures outlined below:
With 2020 coming to an end, speculation swirled among employers about whether the Families First Coronavirus Response Act’s December 31 expiration date would be extended. Well, employers have their answer in the stimulus bill signed by President Trump on December 27. It’s goodbye for now to the FFCRA, but it may not be goodbye forever. Read more…
Mandatory vaccination policies are typically legal, but in many cases implementing such policies may prove challenging. In a recent Gallup Poll, only 58% of those in the U.S. said they would willingly be vaccinated. That potentially leaves a significant percent of individuals unvaccinated creating a dilemma for employers about whether to mandate vaccines for employees. Read more…
Here we go again…
|After months of negotiations, Congress finally passed the 2021 Consolidated Appropriations Act late Monday night. It is expected that the President will quickly sign the Act into law.
The act provides approximately $325 billion in business relief, including roughly $275 billion for another round of Paycheck Protection Program funding. The act also provides answers to questions regarding the first round of PPP loans that have so far gone unanswered.
While the act is extremely lengthy (5,593 pdf pages long), we have attempted to summarize the most important sections regarding the Paycheck Protection Program.
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance regarding COVID-19 vaccinations in the workplace and how they may implicate the Americans with Disabilities Act (ADA) and other federal laws. In short, the ADA and related federal laws generally do not prohibit employers from requiring vaccines for their employees so long as the employer provides reasonable accommodations for disabilities and sincerely held religious beliefs. However, other laws may prohibit terminating the employment of an employee who refuses to get vaccinated.
Davis & Gilbert Labor & Employment attorneys Gregg Brochin and Sabrina Worthy summarize key questions and answers from the new EEOC guidance regarding COVID-19 vaccinations in the workplace. If you have additional questions, please contact any of the authors or the D&G attorney with whom you have regular contact. Read more…
Congressional lawmakers finally reached an agreement on a new $900 billion COVID-19 relief package during the evening of December 20. The feuding parties were forced to resume negotiations due to the looming expiration of several existing COVID-19 aid measures and a threatened government shutdown. Both Congressional chambers officially passed the Coronavirus Response and Relief Supplemental Appropriations Act on December 21, as part of the overarching $1.4 trillion spending package that will keep the government funded until September 2021. Read more…