Articles Posted in Health Law

On March 21, 2020, the New York Department of Health (DOH) published guidance in the New York State Medicaid Update March 2020 Special Edition Vol. 36, No. 5 (the “Guidance”) regarding the expansion of telehealth in response to COVID-19. The DOH’s Guidance expands telehealth to better protect Medicaid members from potential contact with sick individuals. […]

The Department of Licensing and Regulatory Affairs (LARA) has received multiple allegations of Michigan physicians inappropriately prescribing hydroxychloroquine or chloroquine without a legitimate medical purpose. According to LARA, the efficacy for treating COVID-19 with these drugs has not been scientifically proven and may create a shortage for patients with lupus, rheumatoid arthritis, or other ailments […]

On March 25, 2020, Michigan Governor Whitmer signed an order allowing pharmacists to dispense emergency refills of prescriptions. This order was in response to the urgent demands created by the COVID-19 pandemic. Executive Order 2020-25 will help increase access to therapeutic pharmaceuticals for Michiganders while providing temporary and limited relief from certain regulatory restrictions for […]

On March 20, 2020, the Michigan Department of Health and Human Services (MDHHS) issued Medical Services Administration Bulletin 20-13 (MSA 20-13). Due to the continued spread of COVID-19 and conforming with Centers for Disease Control and Prevention (CDC) and State recommendations regarding social distancing, MDHHS is temporarily expanding the telemedicine policy for the following programs: […]

On March 23, 2020, New York Governor, Andrew Cuomo, issued Executive Order (EO) 202.10. In response to the New York State disaster emergency, declared on March 7, 2020, and the continued spread of the 2019 novel coronavirus (COVID-19), EO 202.10 suspended or modified certain state statutes, rules and regulations to combat the COVID-19 outbreak. Significantly, […]

In light of recent events and in order to maintain compliance with Michigan’s “Stay Home, Stay Safe” Executive Order (EO 2020-21) and New York’s “New York State on PAUSE” Executive Order (EO 202.6), The Health Law Partners, P.C. (“HLP”), has introduced a work-from-home policy for all attorneys and employees. Staff will only be on-site in […]

On March 17, 2020, the Office for Civil Rights (“OCR”) issued a notification regarding enforcement discretion for telehealth remote communications that may not fully comply with applicable HIPAA Rules (the “Notification”). The Notification provides that OCR will not impose penalties on covered health care providers for noncompliance with regulatory requirements under the HIPAA Rules in […]

Amid the 2019 Coronavirus (COVID-19) pandemic, CMS announced that all elective surgeries, non-essential medical, surgical, and dental procedures should be delayed. It is critical that healthcare providers consider delaying non-essential procedures so they can preserve Personal Protective Equipment (PPE), beds, and ventilators as COVID-19 cases continue to increase rapidly. This will not only preserve equipment, […]

Michigan Governor, Gretchen Whitmer has issued Executive Order (“EO”) No. 2020-13, in effect until April 14, 2020 at 11:59 p.m. The EO permits the Department of Health and Human Services (“DHHS”) to issue an emergency Certificate of Need (“CON”) to an applicant and defer strict compliance with the procedural requirements for issuance of the CON. […]

On March 17, 2020, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a policy statement in response to the 2019 novel coronavirus (COVID-19) outbreak and the HHS Secretary’s determination that a public health emergency has existed nationwide since January 27, 2020 (the “Policy Statement”). The Policy Statement provides that […]