Tag Archives: McDonald Hopkins

ILN Today Post

COVID-19 impact on telehealth services

The Centers for Medicare & Medicaid Services, the Office of Inspector General of the Department of Health and Human Services and the Office for Civil Rights have each issued separate announcements that enhance the ability to furnish telehealth during the COVID-19 public health emergency. These policies will allow flexibility during the coronavirus emergency period to provide telehealth services:

  • Without collecting coinsurance and deductible amounts from federal health care program patients.
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  • Using applications such as FaceTime, Skype, Messenger video, or Google Hangouts even if the applications don’t meet HIPAA standards.
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  • Using smart phone for telehealth communication and providing services via telehealth even when the patient is at a location (such as his or her home) that does not satisfy Medicare telehealth originating site standards.
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COVID-19 Bill with FMLA leave and sick pay provisions is passed by House and moves to Senate

In response to the unprecedented impact of the Coronavirus (COVID-19), on March 14 the  U.S. House of Representatives passed the Families First Coronavirus Response Act, which is intended to provide a broad range of assistance to businesses and individuals. Specifically, for employers and employees the bill includes measures that will expand the FMLA and provide for emergency paid leave for employers of 500 or fewer employees. The bill would extend these protections through the end of 2020.  Read more…

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Will the coronavirus pandemic affect your litigation?

Count the United States courts among the institutions taking precautions to curb the spread of coronavirus as confirmed cases of COVID-19 eclipsed 100,000 worldwide.

On March 6, a court in the Central District of California granted in part a joint request for a stay of litigation in UPL NA, Inc. v. Tide International (USA), Inc. as discovery efforts were being “severely impacted by the outbreak of coronavirus.” Read more…

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Don’t be a stranger

Lots of professional and personal colleagues have heard me and others compare restructuring lawyers to emergency room doctors and our practice to medical treatment. By way of further analogy, emergency rooms see patients in various phases of physical and emotional distress, ranging from calm or concerned, to panicked, to defensive or in denial. (I know I have taken liberties and skipped a few points on the spectrum.) Sometimes, on the defensive-denial end of the scale, when patients think they least need it, doctors can do the most good through early intervention and treatment. My interface with new clients oftentimes mirrors the doctor-patient relationship. Read more…

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SEC response to coronavirus outbreak

In response to the continued spread of the coronavirus in the United States, the Securities and Exchange Commission (SEC) issued an order on March 4, 2020, providing conditional regulatory relief to publically traded companies that may have been affected by the coronavirus. Subject to certain conditions, the SEC’s order provides qualifying companies an additional 45 days to file certain required reports that otherwise would be due between March 1, 2020 and April 30, 2020. Read more…

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CMS updates regarding coronavirus lab tests

CMS is issuing nearly daily updates regarding its actions to support American healthcare facilities and clinical laboratories in responding to COVID-19.

This alert provides a list of some of the more recent information provided by CMS on its current emergencies page: Read more…

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Practical guidance for employers on responding to the coronavirus

The U.S. Centers for Disease Control and Prevention (CDC) has issued an interim guidance for employers regarding the coronavirus (COVID-19). This guidance may help prevent workplace exposure to COVID-19.

In order to prevent stigma and discrimination in the workplace, it is recommended that employers use the CDC guidance to determine the risk of coronavirus infection.  Employers should never make a determination of risk based on race or country of origin, and as always, employers should maintain the confidentiality of employees with confirmed coronavirus infection. Read more…

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Coronavirus: A force majeure in the automotive supply, or just another supply chain dispute?

With the outbreak of the coronavirus, automotive suppliers and customers have scrambled to keep the supply chain running.  While these efforts have succeeded with few exceptions so far, the ability of suppliers to meet customers’ needs remains in jeopardy in many cases while the virus continues to spread.  As in other industries, this has suppliers and their counsel reviewing the force majeure clauses in their contracts to determine if these may provide relief if the suppliers fail to meet delivery requirement or are forced to incur additional costs to do so. Read more…

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Confronting the impossibility of performing under a contract: Using a force majeure provision in response to the coronavirus outbreak

Many businesses are feeling a strain on operations due to the recent global coronavirus outbreak (COVID-19). As the virus continues to spread, the long-term ramifications it will have for businesses are unclear. However, businesses that may be affected should consider what steps are necessary to mitigate their risks should any interruption in their businesses occur. One of the questions companies should ask is, “Does the coronavirus outbreak fall within the operation of a force majeure clause?” Read more…

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Employment Law Q&A: Coronavirus wage and hour questions

With the anticipated spread of the coronavirus, employers are looking for ways to continue operations and at the same time limit their employees’ risk of exposure to the virus. Employers may direct some employees to work from home, while other employees may be furloughed, asked to work a reduced schedule, or may be sick. Below are some questions employers may have regarding the Fair Labor Standards Act (FLSA) if such situations arise.   Read more…

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