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Legal Insights and Perspectives for the Healthcare Industry
Members of our labor, employment, and benefits team have been busy providing analysis on continued updates to state COVID-19 rules and standards. We know these resources are valuable to readers of Health Law Scan, and we preview two recent LawFlashes that may be of particular interest to those operating in California and New York below.

Update: States to Implement CDC Guidance on Mask Use

May 26, 2021 (Updated June 3, 2021)

Members of our labor and employment team have published resources highlighting updates to state mask guidance in California, Illinois, Massachusetts, New York, New Jersey, Oregon, and Washington in alignment with the Centers for Disease Control and Prevention’s (CDC’s) new guidance that allows fully vaccinated individuals to forgo masks and social distancing requirements in most indoor and outdoor locations.

Members of our healthcare and life sciences teams recently published an analysis of key insurance, liability, and enforcement considerations for organizations providing vaccine access. Highlights include the state and federal laws providing protection to organizations during an outbreak of an infectious disease, what is important for private employers contemplating the administration of closed point-of-delivery vaccination programs to know, and current enforcement trends.
Members of our labor and employment team recently published a LawFlash examining the Centers for Disease Control and Prevention’s (CDC’s) new guidance stating fully vaccinated individuals can safely forgo masks and social distancing requirements in most indoor locations. This policy change is due to new information showing reduced risk of COVID-19 infection in vaccinated individuals and reduced risk of transmission from fully vaccinated persons to unvaccinated persons.
Members of our labor and employment team recently published a LawFlash discussing and analyzing the New York Health and Essential Rights Act (the HERO Act), which was signed into law on May 5, 2021 by New York Governor Andrew Cuomo. The HERO Act requires the New York State Department of Labor and New York State Department of Health to create industry-specific airborne infectious disease standards that must be used by all employers doing business within the State of New York.
While Maryland became the first state in the nation to pass legislation creating a Prescription Drug Affordability Board, it may not be the last. Several other states are exploring similar legislation but legal challenges may follow.