Recent COVID-19 Updates
CMS Announces Further Rule Changes to Address Pandemic
May 4, 2020
On April 30, the Centers for Medicare & Medicaid Services (CMS) announced numerous regulatory waivers and rule changes to, among other things, expand Medicare beneficiaries’ access to coronavirus testing and telehealth services. CMS also made changes to address financial concerns that had been raised by many accountable care organizations (ACOs). The changes included adding behavioral …
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Supreme Court Hears First-Ever Telephonic Oral Argument
On May 4, 2020, the United States Supreme Court heard its first ever telephonic oral argument in its history. The case, styled United States Patent and Trademark Office v. Booking.com, B.V., addressed the issue of whether the addition of “.com” to an otherwise generic term can create a protectable trademark. Erica Ross, an Assistant to …
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Krinick, NYSBA Say Law Firms Should Be 1st to Open
A May 1 Long Island Business News article quotes Evan Krinick on the topic of reopening the economy after the COVID-19 pandemic. He is one of a group of attorneys advocating on behalf of law firms as part of the “Restarting the Economy Work Group,” which was started by the president of the New York …
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Cannata and Misiti Published in CLM Magazine
May 4, 2020
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Insurance Coverage
Michael Cannata and Frank Misiti’s article, “Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?” was published in the May 2020 CLM Magazine. The CLM, a member of The Institutes, is dedicated to meeting the professional development needs of the claims and litigation management industries. Founded in 2007, the CLM membership benefits from our …
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OIG Posts FAQs on Enforcement During Pandemic
April 29, 2020
On April 24, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published responses to certain frequently asked questions and further explained its application of administrative enforcement authorities to arrangements directly connected to the COVID-19 pandemic. OIG stated that it is accepting inquiries regarding application of its administrative …
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Certain College Refunds Must Be Handled with Care
April 28, 2020
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Trusts & Estates
Colleges and universities across the country have closed in response to the COVID-19 crisis. Some have announced that they will provide pro-rated refunds for certain expenses. If your college-age child received a refund for tuition or other education payments made through a 529 College Savings Plan (“529 Plan”), you will need to pay special attention …
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Insurance Update
April 27, 2020
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Insurance Coverage
Our April 2020 Insurance Update can be found here. We begin with a recap of some of the COVID-19 business interruption claims filed against insurers. For more on COVID-19, please be sure to visit our Coronavirus Resource Center. Here are some of the insurance articles you will find there. Proposed COVID-19 Bills Targeting Insurers: Do They Pass …
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Gordon and Mulè Present Coronavirus Briefing for Business Owners
On April 27, Stuart Gordon and Michael Mulè presented a webinar: “Coronavirus and the Survival of Your Business.” Part of the long-running Business Owners Seminar Series (BOSS), the program outlined steps business owners can take to support the viability of their company during the pandemic. It covered issues applicable to businesses in general, essential businesses …
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Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached
April 27, 2020
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Health Services
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Compliance, Investigations & White Collar
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Commercial Litigation
In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of …
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DOH Confirms that Pandemic Payments Will Not Affect Medicaid Eligibility
April 24, 2020
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Trusts & Estates
The New York State Department of Health has issued a General Information System (GIS) message clarifying the impact of COVID-19 related payments on Medicaid eligibility determinations. The GIS confirms that pursuant to sections 2104 and 2201 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 certain pandemic-related payments will not impact Medicaid …
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Trustees, Under Pressure from Beneficiaries Affected by COVID-19, Face Legal Risks
April 24, 2020
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Trusts & Estates
For many Trustees, the current economic environment is probably the most challenging they have ever faced. As the coronavirus epidemic sweeps across the country and throughout much of the world, the stock markets have experienced unprecedented volatility not seen since the Crash of 1929.1 Treacherous. Unpredictable. Hysterical. These are just some of the words that …
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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020
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Health Services
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Commercial Litigation
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Compliance, Investigations & White Collar
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Directors & Officers Liability
Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken …
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How Will Trump’s Immigration Ban Affect You?
After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will …
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OCR Pushes Back Against Discriminatory State Triaging Guidelines
April 21, 2020
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Health Services
Two recent decisions of the Department of Health and Human Services Office for Civil Rights (OCR) illustrate that age and disability status cannot be used as blanket criteria for denying access to health care services, even during a pandemic. This should serve as a warning to healthcare providers about the risks in making triage decisions …
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DOJ Charges California Physician with COVID-19 Fraud
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April 20, 2020
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Health Services
On April 16, the United States Attorney’s Office for the Southern District of California charged Dr. Jennings Ryan Staley, a licensed physician and the operator of Skinny Beach Med Spa in San Diego, with mail fraud in connection with his offer to sell “COVID-19 treatment packs” to patients and the general public. Emails sent by …
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