The Fifth Circuit U.S. Court of Appeals issued an order Wednesday, denying the U.S. Government’s attempt to stay an injunction issued by the Western District of Louisiana court, which entered a nationwide injunction against...more
On November 29, 2021, a federal district court in Missouri issued a preliminary injunction blocking the implementation and enforcement of a rule promulgated by the Centers for Medicare and Medicaid Services (“CMS”) requiring...more
In a long-anticipated action, the Centers for Medicare & Medicaid Services (“CMS”) issued earlier today (November 4, 2021) emergency regulations requiring all eligible staff who work at health care facilities that...more
As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw...more
4/2/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Commercial Bankruptcy ,
Commercial Litigation ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Data Privacy ,
Insurance Litigation ,
Landlords ,
Paycheck Protection Program (PPP) ,
Uniform Commercial Code (UCC)
On March 12, 2021, the US Department of Health and Human Services (“HHS”) amended, its Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) for the seventh time. The Seventh Amendment expands the...more
After a months-long delay due to an outbreak of COVID-19 during the first trial, a federal jury in Texas awarded a $152 million verdict—including $120 million in punitive damages—in a trade secret misappropriation case...more
On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued a Fifth Amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”), which expands the categories of...more
The US Department of Health and Human Services (“HHS”) issued an Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete...more
On December 3, 2020, the U.S. Department of Health and Human Services (HHS) issued another groundbreaking amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act). ...more
12/8/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Diagnostic Tests ,
Health Care Providers ,
Immunity ,
Infectious Diseases ,
Liability ,
Medical Supplies ,
Personal Protective Equipment ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Telehealth
The U.S. Department of Health and Human Services (HHS) recently issued two new advisory opinions dramatically illuminating the wide scope of the PREP Act and its immunities for organizations using covered countermeasures in...more
To assist in the response of the nation’s health care providers to the COVID-19 pandemic, on August 24, 2020, the Secretary for the U.S. Department of Health and Human Services (HHS) issued a Third Amendment to his March 10,...more
We are pleased to provide you with our 50-State Survey of Liability Protections for Senior Living and Long-Term Care Facilities.
Several states across the country have recently taken executive and/or legislative action...more
On June 4, 2020, the Secretary for the US Department of Health and Human Services (HHS) issued a Notice of Amendment (Amendment) to his March 10, 2020 Declaration that had applied the federal immunities of the Public...more
The US Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) recently announced its “Strategic Plan: Oversight of COVID-19 Response and Recovery,” a document that sets forth OIG top goals and...more
On May 19, 2020, the US Department of Health and Human Services (HHS) Office of General Counsel (OGC) issued an advisory opinion (Advisory Opinion) finding that the Public Readiness and Emergency Preparedness Act1(PREP Act)...more
To enhance regulatory flexibility necessary to adequately respond to the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office of the Inspector General (OIG) recently announced that it is accepting...more
To assist hospitals in credentialing physicians during the COVID-19 pandemic, the National Practitioner Data Bank (“NDPB”)—the federal clearinghouse for adverse action reports against physicians—has announced it is waiving...more
4/20/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eligibility ,
Enrollment ,
Fee Waivers ,
Fees ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Medicaid ,
Medicare ,
National Practitioner Data Bank (NPDB) ,
Physicians
With crisis comes uncertainty, and even the best-intentioned regulations can leave those combating the current COVID-19 public-health emergency out in the cold. Many have asked whether the recent Declaration under the...more
4/15/2020
/ Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eligibility ,
Emergency Response ,
Enrollment ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Medicaid ,
Medicaid Expansion ,
Medicare ,
OIG ,
Public Health ,
Regulatory Agencies ,
State and Local Government
A critical aspect of the response to the COVID-19 public-health crisis in the United States is the rapid expansion of testing capabilities across the country, with one avenue of expansion being authorized testing by qualified...more
Texas Governor Greg Abbott has suspended certain regulations governing Emergency Medical Services (“EMS”) and first responders, which will allow qualified, but not certified, EMS workers to provide services during the...more
Pursuant to Texas Governor Greg Abbott’s declaration of a state of disaster for all Texas counties in response to the COVID-19 pandemic, on April 1, 2020, the Texas Supreme Court issued its Eighth Emergency Order. In the...more
Seyfarth Synopsis: In his most recent Executive Order, Governor Greg Abbott has stopped short of issuing a state wide stay-at-home order for Texas. ...more
As follow-up to our overview “Emergency Childcare: A Guide for Health Care Providers,” below is a deeper dive on some state-specific considerations. There are some impactful measures that some states have already taken which...more
At a press conference on Sunday afternoon, Governor Greg Abbott issued an executive order to postpone all elective surgeries to address a shortage of hospital beds, medical supplies and licensed personnel in Texas, and to...more
As the effects of coronavirus unquestionably impact every aspect of people’s lives, health care employees and other critical first responders are faced with the challenge of taking care of their children as they continue...more
3/22/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Guidance ,
Paid Family Leave Law ,
Posting Requirements ,
School Closures ,
Sick Leave ,
Sick Pay ,
Small Business