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COVID-19 Resources
Updated, April 9, 2020

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.

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 StruveMark 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.

HOOPER, LUNDY & BOOKMAN COVID-19 HEALTH LAW ADVISORIES

FEDERAL

CMS:

Landing Page

Waivers

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. 

Telehealth 

Notable Guidance 

CDC

Other

CALIFORNIA

California Department of Public Health

Including CDPH All Facilities Letters:

  • Suspension of Professional Certification Requirements for Certified Nurse Assistants (4/5/20).

  • 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).

Other

Including:

Colorado

CONNECTICUT 

MAINE

MASSACHUSETTS

Including: 

NEW HAMPSHIRE

RHODE ISLAND

Including: 

VERMONT

VIRGINIA

WASHINGTON, D.C.

OTHER STATES

Florida

Washington

Including:

NATIONAL TRADE ASSOCIATIONS

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.

Including:

SAMPLE SHELTER-IN-PLACE ORDERS AND ORDERS RE ELECTIVE PROCEDURES

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.

For media assistance, please contact Maura Fisher at 202-580-7714.