- Lloyd Bookman
- Emily Brinkman
- Kelly Carroll
- Matthew Clark
- Annalee Clubb
- Andrea Frey
- Bridget Gordon
- David Hatch
- Mark Johnson
- Amy Joseph
- Jordan Kearney
- Scott Kiepen
- Matthew Lahana
- Jeffrey Lin
- Alicia Macklin
- Nina Marsden
- Robert Miller
- Brett Moodie
- Charles Oppenheim
- Katrina Pagonis
- Mark Reagan
- Robert Roth
- David Schumacher
- Jeremy Sherer
- Paul Smith
- Andrew Struve
- David Vernon
As a growing number of countries respond to an outbreak of respiratory disease known as coronavirus disease 2019 (COVID-19), healthcare providers are navigating a modern public health crisis. Providers are caring for patients, working with public health officials to contain the epidemic or stem its spread, monitoring the healthcare workforce and surge capacity, and tracking how federal and state regulatory requirements and reimbursement rules are changing in the face of the epidemic.
Hooper, Lundy & Bookman has assembled a task force of attorneys that are advising clients as to the latest regulatory developments and their responses. Our COVID-19 resource page includes federal and select state resources on COVID-19 and will be updated over the course of this crisis to keep you informed of the latest developments.
- Hooper, Lundy & Bookman COVID-19 Health Law Advisories
- Federal Resources
- California Resources
- Connecticut Resources
- Colorado Resources
- Maine Resources
- Massachusetts Resources
- New Hampshire Resources
- Rhode Island Resources
- Vermont Resources
- Virginia Resources
- Washington, D.C. Resources
- Resources for Other States (e.g., Florida and Washington)
- National Trade Associations
- Sample Shelter-in-Place Orders and Orders re Elective Procedures
For further information, please contact Mark Reagan, Katrina Pagonis, Scott Kiepen, Andrea Frey, or Jeffrey Lin in our San Francisco office; David Hatch, Alicia Macklin, Nina Adatia Marsden, Bridget Gordon or Charles Oppenheim in our Los Angeles office; David Schumacher, Amy Joseph or Jeremy Sherer in our Boston office; Martin Corry in our Washington, D.C. office; Andrew Struve , Mark Johnson and Matthew Lahana in our San Diego office; or your regular Hooper, Lundy & Bookman contact.
For media inquiries, please contact Maura Fisher at 202-580-7714.
- EIDL: Another Loan Available to Health Care Providers Under The CARES Act (4/7/20)
- CMS Issues Broad Stark Law Waiver for COVID-19 (4/1/20)
- The CARES Act Amends Part 2 to Align with HIPAA (4/1/20)
- CMS Grants Massachusetts 1135 Waiver Request (3/31/20)
- CMS Grants Colorado 1135 Waiver Request (3/31/20)
- CMS Expands the Accelerated and Advance Payments Program During COVID-19 Pandemic (3/30/20)
- Newly-Passed Coronavirus Relief Bill Includes Assistance for Many, Including Health Care Providers (3/27/20)
- CMS Grants Rhode Island 1135 Waiver Request (3/26/20)
- Practical Tips for Implementing Telehealth During the COVID-19 Pandemic (3/25/20)
- First Reports of Coronavirus Fraud and Abuse Emerging (3/25/20)
- California Department of Public Health Requests 1135 Waiver During COVID-19 Emergency (3/25/20)
- CDPH Suspends Enforcement of Hospital Licensing Requirements (3/20/20)
- Increased Flexibility for Out-of-State Physicians to Assist with COVID-19 Response (3/20/20)
- Section 1135 Waivers Issued Following President’s Emergency Declaration (3/18/20)
- CMS Issues EMTALA Guidance for Hospitals acing Influx of Patients with Suspected or Confirmed Novel Coronavirus (COVID-19) (3/13/20)
- Congress Enables HHS to Relax Telehealth Restrictions to Help Fight COVID-19 (3/11/20)
- COVID-19 Response: HLB Resource Page, California State of Emergency and Guidance, and CMS Survey Guidance (3/9/20)
- Drug Enforcement Administration COVID-19 Landing Page.
OIG Report: Hospital Experiences Responding to the COVID-19 Pandemic: Results of a National Pulse Survey March 23–27, 2020 (4/6/20).
- OCR Notice of Enforcement Discretion under HIPAA to Allow Uses and Disclosures of PHI by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19 (4/2/20).
- HHS Office for Civil Rights Bulletin: Civil Rights, HIPAA, and COVID-19 (3/28/20).
- DOJ – FTC Joint Antitrust Statement Regarding COVID-19 (3/24/20).
- Office for Civil Rights Guidance re Disclosures First Responders and Public Health Authorities (3/24/20).
- PRRB Alert 19: Temporary COVID-19 Adjustments to PRRB Processes (3/25/20).
- A Message from OIG HHS Leadership on COVID-19 Fraud, including OIG COVID-19 Fraud Alert (3/23/20).
- Department of Justice Press Releasing Urging Reporting of COVID-19 Fraud (3/20/20).
- President’s Proclamation Declaring National Emergency (3/12/20).
- Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, Pub. L. 116-123 (3/6/20) (Provides $8.3 billion in emergency funding for federal agencies to respond to COVID-19 outbreak and providing waiver authority for Medicare coverage of telehealth services during certain emergencies).
See also HLB Alert (3/12/20), which discusses the telehealth waiver authority in the appropriations act.
- President’s Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19 (3/18/20).
- COVID-19 FAQs for State Medicaid and Children’s Health Insurance Program (CHIP) Agencies (3/18/20)
Note: When the President declares a disaster or emergency under the Stafford Act or National Emergencies Act, and the HHS Secretary declares a public health emergency under Section 319 of the Public Health Service Act, the Secretary is authorized to take certain actions in addition to her regular authorities. Pursuant to that authority, CMS has issued blanket waivers, available to all providers, which waive enforcement of various requirements relating to, for example, HIPAA, EMTALA, physician referral, and provider enrollment. In addition, states, hospital associations, and individual providers are requesting waivers on issues not specifically addressed in the blanket waivers. The waivers and corresponding guidance documents must be reviewed carefully to understand their importance and application.
- Blanket Waivers of Section 1877(g) of the Social Security Act (Stark Law).
COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (3/30/20); see also Coronavirus Waivers and Flexibilities Page for Provider-Specific Fact Sheets.
- Interim Final Rule re Flexibilities to Respond to COVID-19 (3/30/20).
Section 1135 Waiver COVID-19 State/Territory Request Template (3/20/20).
CMS 1135 Waiver Approvals (updated as approvals are issued).
- MLN Matters Number SE20011: Medicare FFS Response to the Public Health Emergency on the Coronavirus (3/16/20).
- Department of Health and Human Services Limited Waiver of HIPAA Sanctions and Penalties During a Nationwide Public Health Emergency (3/16/20).
- CMS Findings Concerning Sec. 1812(f) of Social Security Act in Response to the Effects of the COVID-19 Outbreak (3/13/20)
- COVID-19 Emergency Declaration Health Care Providers Fact Sheet (3/13/20).
- Waiver or Modification of Requirements Under Section 1135 of the Social Security Act (3/15/20, backdated to 3/13/20).
- ESRD Provider Telehealth and Telemedicine Tool Kit (3/20/20).
- Office for Civil Rights Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, including FAQ.
- Medicaid State Plan Fee-for-Service Payments for Services Delivered Via Telehealth (3/17/20).
- Medicare Telemedicine Health Care Fact Sheet (3/17/20).
- Medicare Telehealth Frequently Asked Questions (3/17/20).
- HHS Notification of Enforcement Discretion for Telehealth Remote Communications during the COVID-19 Nationwide Public Health Emergency.
- OIG Policy Statement and Fact Sheet Regarding Practitioners That Reduce or Waive Amounts Owed by Federal Health Care Program Beneficiaries for Telehealth Services During the 2019 Novel Coronavirus (COVID-19) Outbreak (3/17/20).
- DEA Guidance re Telemedicine
Ambulatory Surgery Centers – QSO-20-24: Guidance for Processing Attestation Statements from ASCs Temporarily Enrolling as Hospitals during the COVID-19 Public Health Emergency (4/3/20).
- CMS Press Release and Fact Sheet: Expansion of the Accelerated and Advance Payments Program for Providers and Suppliers During COVID-19 (3/29/20).
--See also MAC Payment Request Forms: CGS Administrators, LLC; First Coast Service Options; Novitas Solutions; Noridian Healthcare Solutions; Palmetto GBA; Wisconsin Physicians Service
- CMS Memo re Exceptions and Extensions for Quality Reporting Requirements (3/27/20).
- CMS FAQ: FAQs: CLIA Guidance During COVID (3/27/20).
- COVID-19 Medicare Provider Enrollment Relief FAQs.
- MS-DRG Assignment for New COVID-19 Diagnosis Code Effective April 1, 2020 (3/23/20).
QS-20-20-All. Prioritization of Survey Activities (3/23/20).
- FAQs on Catastrophic Plan Coverage (3/18/20).
- Information for PACE Organizations Regarding Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) (3/17/20).
- CMS FAQs on Essential Health Benefit Coverage and COVID-19 (3/12/20).
- Information to Medicare Advantage Organizations Related to COVID-19 (3/10/20).
- Dialysis Facilities: QSO-20-19-ESRD, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in dialysis facilities (3/10/20).
- Home Health: QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (3/10/20).
- Respirators: QSO-20-17-ALL, Guidance for use of Certain Industrial Respirators by Health Care Personnel (3/10/20).
- Hospice: QSO-20-16-Hospice, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) by Hospice Agencies (3/9/20).
- EMTALA: QSO-20-15 Hospital/CAH/EMTALA (Revised), EMTALA Requirements and Implications Related to COVID-19 (Revised) (3/30/20).
- Nursing Homes: QSO-20-14-NH Revised 3/13/20, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in nursing homes (revised 3/9/20). CMS Announces New Measures to Protect Nursing Home Residents from COVID-19 (3/13/20).
--See also HLB Alert (3/9/20), which discusses QSO-20-14.
- Hospitals: QSO-20-13-Hospitals, Guidance for Infection Control and Prevention Concerning Coronavirus Disease (COVID-19): FAQs and Considerations for Patient Triage, Placement and Hospital Discharge (3/4/20).
--See also HLB Alert (3/9/20), which discusses QSO-20-13.
- QSO-20-12-All, Suspension of Survey Activities (3/4/20)
--See also HLB Alert (3/9/20), which discusses QSO-20-12.
- QSO-20-10-CLIA, Notification to Surveyors of the Authorization for Emergency Use of the CDC 2019-Novel Coronavirus (2019-nCoV) Real-Time RT-PCR Diagnostic Panel Assay and Guidance for use in CDC Qualified Laboratories (2/6/20).
- QSO-20-09-ALL, Information for Healthcare Facilities Concerning 2019 Novel Coronavirus Illness (2019-nCoV) (2/6/20).
- CMS Fact Sheet re Coverage and Payment Related to COVID-19 – Medicare (3/5/20)
- CMS Fact Sheet re Coverage and Payment Related to COVID-19 – Medicaid and CHIP (3/5/20)
- CMS Fact Sheet re Coverage and Payment Related to COVID-19 – Individual and Small Group Market Insurance Coverage (3/5/20)
- CMS Podcasts and Transcripts (See Coronavirus COVID-19 Stakeholder Calls)
California Department of Public Health
- Letter to Laboratories - Important information for laboratories about testing for COVID-19 (3/24/20).
- California Department of Public Health Landing Page for Guidance Documents re COVID-19
Including CDPH All Facilities Letters:
AFL 20-34 Suspension of Regulatory Enforcement of Specified ADHC Requirements (4/2/20).
AFL 20-33 Interim Guidance for Transfer of Residents with Suspected or Confirmed Coronavirus Disease (COVID-19) (4/1/20)
AFL 20-32: Suspension of Regulatory Enforcement of Specified Skilled Nursing Facility Requirements (3/30/20).
AFL 20-31: COVID-19 Daily Reporting (3/28/20).
- AFL 20-30: Suspension of Regulatory Enforcement of Specified Primary Care Clinic and Mobile Health Care Unit Requirements (3/26/20).
AFL 20-28. Announcement: Extension of the Deadline to Apply for Patient Needs and Workforce Shortage Waivers (3/23/20).
AFL 20-27.1 Guidance for Limiting the Transmission of COVID-19 in Adult Day Health Centers (3/23/20).
- AFL 20-26: Suspension of Regulatory Enforcement of Hospital Requirements (3/20/20).
- AFL 20-25.1: Preparing for Coronavirus Disease 2019 (COVID-19) in California Skilled Nursing Facilities (3/19/20).
- AFL 20-24. Guidance for Procedures and Transfer of Deceased Persons with Confirmed or Suspected Coronavirus Disease 2019 (3/16/20).
- AFL 20-23: California Coronavirus Disease 2019 (COVID-19) Health Care System Mitigation Playbook (3/20/20).
- AFL 20-22. Guidance for Limiting the Transmission of COVID-19 in Long-Term Care Facilities (3/11/20).
- AFL 20-18. Hospitals Surge Survey to Assess Capacity Regarding Coronavirus Disease 2019 (COVID-19) and Reminder to Contact Medical Health Operational Area Coordination Office (March 8, 2020).
--See also HLB Alert (3/9/20), which discusses AFL 20-18.
- AFL 20-17. Guidance for Healthcare Facilities on Preparing for Coronavirus Disease 2019 (COVID-19) (3/3/20).
--See also HLB Alert (3/9/20), which discusses AFL 20-17.
- AFL 20-15. Infection Control Recommendations for Facilities with Suspect Coronavirus 2019 (COVID-19) Patients (2/28/20).
- AFL 20-14 Environmental Infection Control for the Coronavirus Disease 2019 (COVID-19) (2/19/20).
- AFL 20-13. 2019 Novel Coronavirus Interim Guidance for Risk Assessment and Health Management of Healthcare Personnel with Potential Exposure (2/10/20).
- AFL 20-11. Updated 2019 Novel Coronavirus Information (2019-nCoV), Including Patient Under Investigation (PUI) Guidance from the Centers for Disease Control and Prevention (CDC) (1/31/20).
- AFL 20-10. Healthcare Facility Resources for the 2019 Novel Coronavirus (2019-nCoV) (1/27/20).
- California Governor’s Executive Order Re Privacy, Security, and Consent Issues Related to Telehealth (4/3/10).
California Governor’s Executive Order re Expansion of Healthcare Workforce and Waivers of Professional Staffing, Licensing, and Credentialing Requirements (3/30/20).
- CMS approval of California Hospitals’ 1135 Waiver (3/26/20)
California Emergency Medical Service Authority COVID-19 Landing Page, including Policy to Implement the Emergency Proclamation of the Governor on the Authorization of Out of State Medical Personnel (3/17/20)
- Waivers of California Pharmacy Law.
- California Governor’s Executive Order Expanding Capacity to Combat COVID-19 in Health Care Facilities (3/21/20).
- Department of Managed Health Care All Plan Letter 20-009 – Reimbursement for Telehealth Services (3/18/20).
- California Governor’s Executive Order Further Enhancing State and Local Government’s Ability to Respond to COVID-19 Pandemic (3/12/20).
- California Governor’s Proclamation of State of Emergency (3/4/20)
--See also HLB Alert (3/9/20), which discusses those portions of the Proclamation concerning facility licensing waivers and the deployment of out-of-state health workers.
- Department of Health Care Services Landing Page re COVID-19
CMS Approval of DHCS 1135 Waiver Request (3/22/20).
- Request for Additional Section 1135 Waiver Flexibilities Related to COVID-19 National Emergency/Public Health Emergency (3/19/20).
- DHCS Emergency Telehealth Guidance – COVID-19 Pandemic (3/18/20).
DHCS Memo - Medi-Cal Managed Care Health Plans: Updated COVID – 19 Screening and Testing (3/16/20).
- Medi-Cal Payment for Medical Services Related to COVID-19 (3/16/20).
- DHCS Request for Section 1135 Waiver Flexibilities Related to COVID 19 Emergency (3/16/20).
- DHCS Guidance to PACE Organizations for responding to COVID-19 (3/13/20).
- Colorado COVID-19 Landing Page
- CMS Approval of Colorado 1135 Waiver Request (3/26/20).
- COVID-19 Information for Health First Colorado and CHP+ Providers and Case Managers
- Connecticut COVID-19 Landing Page
- Connecticut COVID-19 Landing Page with Guidance for Health Care Professionals
- All Emergency Orders Issued by Governor and Executive Agencies
CMS Approval of Connecticut’s 1135 Waiver (March 27, 2020)
- Maine Center for Disease Control and Prevention Landing Page
- Maine DHHS 1135 Waiver Application (April 6, 2020)
- Maine DHHS Guidance Regarding Licensure Changes for COVID-19 Hospital Response (March 25, 2020)
- Executive Order Regarding Professional Licensure (March 20, 2020)
- Maine DHHS Emergency Rules to Support Maine Care Members (March 17, 2020)
- State of Massachusetts Landing Page re Coronavirus
- 2020 MassHealth Provider Bulletins Landing Page
- Massachusetts governor announces an infusion of $800 million at MassHealth to support health care providers (April 8, 2020)
- Crisis Standards of Care (Updated April 8, 2020)
- Memorandum re Massachusetts Clinical Laboratory Program – Changes to Exempt Test List and Definition of Physician (April 7, 2020)
- Governor’s Order Extending the Registrations of Certain Licensed Professionals (3/17/20)
- Governor’s Order Expanding Access to Physician Services (3/17/20)
- Governor’s Order Expanding Telehealth Services and to Protect Health Care Providers (3/15/20)
- Circular Letter re Policies and Procedures for Restricting Resident Visitors in Nursing Homes and Rest Homes and Personal Protective Equipment Recommendation Updates during the COVID-19 Outbreak (3/11/20)
- Declaration of a State of Emergency to Respond to COVID-19 (3/10/20)
- New Hampshire COVID-19 Landing Page
- New Hampshire COVID-19 Landing Page with Guidance for Health Care Professionals
- New Hampshire Additional Guidance for LTC, Residential Programs, Home Health, and Medicaid
- New Hampshire Emergency Orders
- CMS Approval of New Hampshire’s 1135 Waiver (March 23, 2020)
- Executive Order: Extending Declaration of Disaster Emergency through May 8 (April 8, 2020)
- Guidance for Outpatient and Ambulatory Care Settings (including delay of elective visits and implementation of telemedicine) (April 7, 2020)
- Executive Order: Testing, Critical Supplies, and Hospital Capacity Reporting (April 7, 2020)
- Executive Order: Authorizing Waiver and Medicaid State Plan Amendments and Adjustments to Essential Provider Rates (April 6, 2020)
- Executive Order: Expanding Access to Telehealth (March 18, 2020)
- Executive Order: Declaration of Disaster Emergency (March 9, 2020)
- Vermont Department of Health Daily Update on Novel Coronavirus (COVID-19) Landing Page (April 8, 2020)
- Health Alerts & Advisories Landing Page
- CMS Approval of Vermont Section 1135 Waiver
- Vermont Department of Health Alert on COVID-19 for Nursing Homes, Long Term Care Facilities and Hospice Facilities (March 23, 2020)
- Virginia Department of Health COVID-19 Landing Page
CMS Approval of Virginia 1135 Waiver Request (3/23/20).
- Washington, D.C. COVID-19 Landing Page
- Washington, D.C. Health Notices (updated periodically)
- Washington, D.C. Executive Order re Preparations for the Coronavirus (2/28/20)
- Florida Department of Health COVID-19 Landing Page
CMS Approval of Florida 1135 Waiver Request (3/23/20).
- Florida Executive Order 20-52 Declaring a State of Emergency (3/9/20)
- Washington COVID-19 Landing Page
- CMS Approval of Washington 1135 Waiver Request (3/23/20).
- Proclamation by the Governor (Amending 20-05) (3/11/20).
- Proclamation by the Governor (Declaring State of Emergency) (2/29/20).
- Proclamation by the Governor (Amending 20-05) (3/11/20)
- Washington Department of Public Health Recommendations during Long-Term Care Facilities for COVID-19 Outbreak (3/3/20)
- Proclamation by the Governor (Declaring State of Emergency) (2/29/20)
Below, please find links to COVID-19 guidance issued by various national trade associations. While this guidance is not government-issued and therefore is not authoritative, providers may find this information instructive.
- American Association of Medical Colleges COVID-19 Landing Page.
- Federation of State Medical Boards COVID-19 Landing Page, including List of Links to State Licensing Waivers
- American Hospital Association COVID-19 Landing Page
- Federation of American Hospitals COVID-19 Landing Page
- American Health Care Association / National Center for Assisted Living COVID-19 Landing Page
- Taking Reasonable Efforts to Prevent COVID-19 From Entering Your Skilled Nursing Center (3/9/20)
- Taking Reasonable Efforts to Prevent COVID-19 From Entering Your Assisted Living Community (3/9/20)
States, counties, and municipalities have begun to issue Public Health Orders requiring residents to shelter in place and, in some cases, addressing elective medical, surgical, and dental procedures. In addition, state and national associations have recommended or urged physicians, health systems, hospitals, dentists, and other providers to voluntarily minimize, postpone, or cancel elective and non-urgent medical, surgical, and dental procedures based on a case-by-case evaluation. Sample shelter-in-place orders, sample orders addressing elective procedures, and sample national association statements and guidance on elective procedures are provided below.
- Sample Shelter-in-Place Orders:
- State of California
- District of Columbia
- State of Maryland
- State of Virginia
- Sample Orders Addressing Elective Procedures:
- Sample Association Statements and Guidance on Elective Procedures: