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Legal Insights and Perspectives for the Healthcare Industry

Authors’ Note: In what may be emblematic of the legal landscape in the time of coronavirus (COVID-19), after we finalized the blog post below for publication regarding the US Department of Health and Human Services updates to the HHS FAQs relating to the CARES Act Relief Fund payments made by HHS on May 19, the agency later added or updated its FAQ on the night of May 20, with some notable changes. These updates have been included (and emphasized in italics) in this republication.

With just days left until provider attestations are due related to acceptance of CARES Act Provider Relief Funds, the US Department of Health and Human Services (HHS) has recently been updating its FAQs, providing some additional clarity, and potentially confusion, surrounding the acceptance of Relief Funds from its initial tranche $30 billion of General Distribution payments. Attestations for the first tranche of payments on April 10 are due May 25, and HHS continues to furnish guidance regarding the details of the General Distribution Relief Fund.

Morgan Lewis has recently launched a new resource for our clients and friends, Now. Normal. Next., to help navigate the world as we reemerge into a new post-pandemic reality. Health Law Scan will continue to monitor developments around the coronavirus (COVID-19) pandemic, and will begin to highlight our resources to help our healthcare clients navigate the myriad of challenges brought by this new reality.

Some of our recent publications of interest to healthcare companies include:

Check out our Now. Normal. Next. insights on:

Coronavirus COVID-19 Task Force

For our clients, we have formed a multidisciplinary Coronavirus COVID-19 Task Force to help guide you through the broad scope of legal issues brought on by this public health challenge. Find resources on how to cope with the post-pandemic reality on our NOW. NORMAL. NEXT. page and our COVID-19 page to help keep you on top of developments as they unfold. If you would like to receive a daily digest of all new updates to the page, please subscribe now to receive our COVID-19 alerts, and download our biweekly COVID-19 Legal Issue Compendium.

In a recent LawFlash, our colleagues in the white collar practice discuss the potential for higher education institutions to face criminal and civil liability if they are not in compliance with federal law in the administration of federal grants and expenditure of federal research dollars, as recent cases tied to simultaneous research in China show.

The team highlights that in light of the vital importance of scientific research in combatting the coronavirus (COVID-19) pandemic, and continued strain on aspects of the US–China relationship, the higher education community can expect to see sustained focus by US law enforcement on these matters.

Read the full LawFlash.

We are celebrating our 10th year of Technology May-rathon, our annual webinar series focusing on current technology issues, trends, and developments. This year, we have a full schedule of webinars with discussions on privacy and big data, global commerce, fintech, the coronavirus (COVID-19) pandemic, and more. Be sure to register for the many healthcare webinars our lawyers will be presenting on:

And don’t forget to visit our 2020 Technology May-rathon page for our full list of programs!

CMS posted an expanded set, dated April 29, of Medicare regulatory flexibility measures for hospice organizations related to the coronavirus (COVID-19) pandemic, supplementing the previous COVID hospice flexibilities guidance from March 29.

CMS recently issued Frequently Asked Questions (FAQs) clarifying requirements and considerations for hospitals and other providers related to the Emergency Medical Treatment and Labor Act (EMTALA) during the coronavirus (COVID-19) pandemic. The FAQs address questions concerning patient presentation to the emergency department, EMTALA applicability across facility types, qualified medical professionals, medical screening exams, patient transfer and stabilization, and telehealth issues.

The Antitrust Division of the US Department of Justice (DOJ) entered into a deferred prosecution agreement (DPA) with Florida Cancer Specialists & Research Institute LLC (FCS), a leading oncology provider in Southwest Florida, relating to allegations that FCS conspired to allocate medical and radiation oncology treatments for cancer patients with at least one other Florida oncology provider during a 17-year period.

We invite you to join our international trade and national security practice on Thursday, May 7, for a webinar on Foreign Influence and Conflicts of Interest in US Universities and Nonprofits Receiving Federal Funds. US universities, nonprofits, and faculty that receive federal funding and grants are required by a number of laws and regulations to disclose foreign gifts and contracts to the federal government. These laws and regulations are based on the understanding that when research institutions fail to meet disclosure requirements, they can compromise the integrity of taxpayer-funded research and allow federal funds to accelerate foreign research and development, sometimes to the detriment of national security interests.

As we all settle into our new sense of normalcy, Health Law Scan continues to monitor developments surrounding the coronavirus (COVID-19) pandemic. We have lawyers across the firm providing updates on a wide variety of topics to keep our clients apprised of all the developments.