COVID-19


NY Updates Guidance for Nursing Home Visits
December 21, 2020 | Wendy Hoey Sheinberg | COVID-19 | Legislation and Public Policy | Nursing Homes

Spending time with family is always important, especially during the holiday season. The holidays are different this year, due to the pandemic, and spending time with loved ones in skilled nursing facilities requires additional planning.

In response to recent spikes in Covid-19 cases in skilled nursing facilities, the New York Department of Health in November

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Proposed HIPAA Modification Would Facilitate Care Coordination
December 17, 2020 | Eric D. Fader | Behavioral Health | COVID-19 | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy | Private Insurers

A proposed rule released by the U.S. Department of Health and Human Services on December 10 would give healthcare providers more flexibility to share patients’ health information for certain purposes. The rule, titled “Proposed Modifications to the HIPAA Privacy Rule to Support, and Remove Barriers to, Coordinated Care and Individual Engagement,” would loosen HIPAA restrictions

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Bogus HIPAA Claims Are Flourishing As Pandemic Worsens
December 4, 2020 | Rivkin Rounds Staff | COVID-19 | HIPAA

A recent article in Law360, “Bogus HIPAA Claims Are Flourishing As Pandemic Worsens,” discussed how the Covid-19 pandemic is fueling false assertions about the scope of privacy protections under HIPAA. Rivkin Radler’s Eric Fader was quoted in the article.

There are many

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Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Frank P. Izzo | COVID-19 | Hospitals | Litigation

The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform.

Below are some considerations for hospital personnel participating in virtual hearings.

(1) Familiarize yourself with the technology

Due to

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New Relief Funds; Eased Lending Terms for Accelerated Payments
October 30, 2020 | Rivkin Rounds Staff | Behavioral Health | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

An October 22 article in Part B News, “Welcome third round HHS relief funds, eased lending terms for accelerated payments,” discussed the Centers for Medicare & Medicaid Services’ Accelerated and Advance Payment Program (recently discussed here) and the Department of Health and Human Services’ CARES Act Provider Relief Program (recently discussed here). Rivkin Radler’s Eric

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Health Providers Get More Time to Repay Medicare Loans
October 15, 2020 | Rivkin Rounds Staff | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

On October 8, the Centers for Medicare & Medicaid Services (CMS) released new details on repayment terms for the Medicare Accelerated and Advance Payments Program, a loan program that sent aid to Medicare Part A providers and certain Part B suppliers to help the ease the financial burdens caused by the COVID-19 pandemic. CMS also

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Ullman to be Panelist at COVID-19 Webinar for Practitioners on 10/7
October 6, 2020 | Rivkin Rounds Staff | COVID-19 | FDA | Fraud and Abuse | Legislation and Public Policy

In the words of the American Association of Naturopathic Physicians: “Since March, the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) have been aggressive in policing online language about COVID—and with good reason! Fraudulent products and false claims abound.” In one such instance, discussed here, the U.S. Department of Justice charged a physician with

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HHS Announces $20 Billion in Phase 3 Provider Relief Funding
October 2, 2020 | Ashley Algazi | Behavioral Health | COVID-19 | Legislation and Public Policy | Medicare and Medicaid

On October 1, the U.S. Department of Health and Human Services announced $20 billion in additional funding as part of its Phase 3 Provider Relief Fund. This large push from the government is meant to (a) ensure that all eligible providers who received prior provider relief distributions have a balanced equitable payment equal to 2%

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COVID-19-Related Immunity for Facilities and Providers Clawed Back
August 25, 2020 | Ashley Algazi | COVID-19 | Hospitals | Legislation and Public Policy | Nursing Homes

Earlier this month, New York Governor Andrew Cuomo signed into law a bill to limit the scope of immunity for healthcare facilities (including nursing homes and hospitals) and healthcare professionals for future non-COVID-19 related services. The bill reversed protections that had been included in a state budget bill at the height of New York’s coronavirus

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Fitbit Study: Devices Can Identify COVID-19 Early
August 20, 2020 | Rivkin Rounds Staff | COVID-19 | Medical Devices and Wearables

An August 19 blog post on Fitbit’s website discussed preliminary results of the company’s COVID-19 study suggesting that Fitbit devices can detect signs of the disease before symptoms are noticed. The 100,000-person study found more than 1,100 positive cases of COVID-19, of which nearly 50% were detected at least one day before participants reported symptoms.

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