Coronavirus (COVID-19) Guidance and Business Preparedness

In Virginia and beyond, legal questions and concerns surrounding the COVID-19 virus are at the forefront today. Hancock Daniel has created a COVID-19 Task Force to counsel businesses and individuals and help them navigate the regulatory and legal issues around the topic.

The firm’s COVID-19 Task Force is here to assist with any questions or issues you may have related to the pandemic.  Please see our Advisories page for current updates on COVID-19.  The following members of the task force are available to answer your questions in their respective areas of expertise:

EMTALA/Conditions of Participation/Section 1135 Waivers- Mary Malone

Licensure/Certification/Bed Surge- Emily Towey

Safety and Security/Emergency Preparedness- Page Gravely

Contracts and Performance Issues- Mike Newby

Commercial Transactions: Jim Daniel

Employment/Human Resources- Kim Daniel

HIPAA Privacy and Security- Bill Hall

FDA- Liz Whalley Buono

Insurance Coverage- John Mumford

Legislative/Executive Agency Developments- Scott Johnson

PUBLIC HEALTH RESOURCES:
AMA resource page for physicians
CDC information page
JAMA Coronavirus Resource Center
New England Journal of Medicine update page
NIH information page
National Library of Medicine Coronavirus page
World Health Organization Situation Updates

EXECUTIVE ORDERS, STATE HEALTH DEPARTMENTS and VIRGINIA DEPARTMENT OF HEALTH PROFESSIONS RESOURCES:
New York State Department of Health’s Coronavirus page
North Carolina Department of Health and Human Services Coronavirus page
South Carolina Department of Health and Environmental Control Coronavirus page
Tennessee Department of Health’s Coronavirus page
Virginia Department of Health’s Coronavirus page
Virginia Temporary waivers for Regulations Governing the Practice of Nursing
Virginia Temporary waivers for Regulations Governing Nurse Practitioners
Virginia Temporary waivers for Regulations Governing Medication Aides
Virginia Temporary waivers for Regulations Governing Nursing Education Programs
Virginia Temporary waivers for Regulations for Nurse Aide Education Programs
Virginia Temporary Waiver for Nursing Reinstatement or Reactivation
Virginia Temporary Waiver for Medicine Reinstatement or Reactivation
VIRGINIA EXECUTIVE ORDER NUMBER FIFTY-ONE (2020) DECLARATION OF A STATE OF EMERGENCY DUE TO NOVEL CORONAVIRUS (COVID-19)
VIRGINIA EXECUTIVE ORDER NUMBER FIFTY-TWO (2020): INCREASES IN HOSPITAL BED CAPACITY IN RESPONSE TO NOVEL CORONAVIRUS (COVID-19)
VIRGINIA AMENDED ORDER OF THE GOVERNOR AND STATE HEALTH COMMISSIONER DECLARATION OF PUBLIC HEALTH EMERGENCY Order of Public Health Emergency One
VIRGINIA EXECUTIVE ORDER NUMBER FIFTY-THREE (2020) TEMPORARY RESTRICTIONS ON RESTAURANTS, RECREATIONAL, ENTERTAINMENT, GATHERINGS, NON-ESSENTIAL RETAIL BUSINESSES, AND CLOSURE OF K-12 SCHOOLS DUE TO NOVEL CORONAVIRUS (COVID-19)
Virginia Order of the Governor and State Health Commissioner, Order of Public Health Emergency Two, March 25, 2020
VDA Overview of Order of Public Health Emergency No. 2 March 25, 2020

FEDERAL LEGISLATION AND AGENCY GUIDANCE:
H.R. 6201, FAMILIES FIRST CORONAVIRUS RESPONSE ACT (passed House 3/13/20)
H.R. 6201, FAMILIES FIRST CORONAVIRUS RESPONSE ACT (full text)
Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, Pub. L. 116-123 (3/6/20) ($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)
Secretary of HHS’s Declaration of Pubic Emergency (1/31/20)
Treasury, IRS and Labor March 20, 2020 Press Release Regarding Implementing Coronavirus-related Paid Leave and Tax Credits for Coronavirus-related Leave
DOL March 24, 2020 Guidance on Families First Coronavirus Response Act: Employee Paid Leave Rights
DOL March 24, 2020 Guidance on Families First Coronavirus Response Act: Employer Paid Leave Requirements
DOL March 24, 2020 Guidance on Families First Coronavirus Response Act: Questions and Answers
DOL Guidance on COVID-19 and the Fair Labor Standards Act Questions and Answers
DOL Guidance on COVID-19 and the Family and Medical Leave Act Questions and Answers
FCCRA Model Notice
Families First Coronavirus Response Act Notice – Frequently Asked Questions

US CENTERS FOR DISEASE CONTROL AND PREVENTION:
Guidance on Mass Gatherings or Community Events 3/15/20
Interim Guidance for Protecting Health Care Workers from Exposure to 2019 Novel Coronavirus (2019-nCoV)
Coronavirus Disease 2019 (COVID-19) Hospital Preparedness Assessment Tool, Centers for Disease Control and Preparedness
Evaluating and reporting Persons Under Investigation (PUI), Centers for Disease Control and Preparedness
CDC Travel Notices

CMS:
Emergency Medical Treatment and Labor Act (EMTALA) and Ebola Virus Disease (EVD)—Questions and Answers (Q+A), Ref: S&C: 15-24-Hospitals, dated February 13, 2015
CMS COVID-19 FAQs (3/6/20)
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 Information for Healthcare Facilities Concerning 2019 Novel Coronavirus Illness (2019-nCoV), Ref: QSO 20-09-ALL, Department of Health & Human Services, Centers for Medicare & Medicaid Services, dated February 6, 2020
CMS Information for Healthcare Professionals Landing Page re Current Emergencies, including COVID-19
CMS Information to Medicare Advantage Organizations Related to COVID-19 (3/10/20)
QSO-20-19-ESRD, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in dialysis facilities (3/10/20)
QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (3/10/20)
QSO-20-17-ALL, Guidance for use of Certain Industrial Respirators by Health Care Personnel (3/10/20)
QSO-20-16-Hospice, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) by Hospice Agencies (3/9/20)
QSO-20-15 Hospital/CAH/EMTALA, Emergency Medical Treatment and Labor Act (EMTALA) Requirements and Implications Related to Coronavirus Disease 2019 (COVID-19) (3/9/20)
QSO-20-14-NH Revised, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in nursing homes (revised 3/9/20)
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)
QSO-20-12-All, Suspension of Survey Activities (3/4/20)
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)

US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
What you should know about the ADA, the Rehabilitation Act and the Coronavirus

OIG GUIDANCE:
March 17, 2020 OIG Policy Statement Regarding Physicians and Other Practitioners That Reduce or Waive Amounts Owed by Federal Health Care Program Beneficiaries for Telehealth Services During the 2019 Novel Coronavirus (COVID-19) Outbreak

OFFICE FOR CIVIL RIGHTS:
Office for Civil Rights, U.S. Department of Health and Human Services Bulletin: HIPAA Privacy and Novel Coronavirus, dated February 2020
COVID-19 and HIPAA: Disclosures to law enforcement, paramedics, other first responders and public health authorities, March 24, 2020

OSHA:
OSHA Safety and Health Topics/COVID-19
Temporary Enforcement Guidance March 14, 2020- Healthcare Respiratory Protection Annual Fit-Testing for N95 Filtering Facepieces During the COVID-19 Outbreak

ACCREDITATION ORGANIZATION GUIDANCE:
The Joint Commission Bulletin, updated February 14, 2020
The Joint Commission standard on Infection Prevention & Control
The Joint Commission March 18, 2020 FAQ: Reappointment and Re-privileging Time During A Disaster

NATIONAL TRADE ASSOCIATION GUIDANCE:
The following links to COVID-19 guidance have been issued by various national health care trade associations. While this guidance is not government-issued, the information may be helpful and instructive:
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

NATIONAL AND STATE ASSOCIATION GUIDANCE:
Virginia Dental Association Recommendation to Members
Responding to COVID-19—8 Steps for Hospitals to Protect Patients, Employees, and Communities