Related insights: Healthcare

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Updated COVID-19 Frequently Asked Questions Released by the CMS

Sep 15 2020
On August 26, 2020, the Centers for Medicare and Medicaid (CMS) released an updated FAQ guide for questions related to COVID-19 and the public health emergency (PHE). The new guide includes additional details from COVID-19 legislation, emergency rules, and waivers. The policies included in the FAQ are effective for the duration of the PHE unless superseded by future legislation.
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South Carolina Announces Detailed New Guidelines to Allow Limited Outdoor Visitation at Nursing Homes, Assisted Living Facilities

Sep 08 2020
South Carolina has joined many other states in severely restricting or largely eliminating visitations at long term care facilities during the COVID-19 pandemic. Such facilities are seen as particularly at risk, given the close living quarters and the vulnerabilities of many residents. However, as public health officials learn more about the virus and how it spreads, recommended precautions have evolved and DHEC is now allowing limited outdoor visitation at South Carolina’s long-term care facilities.
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CMS to Enhance Enforcement Actions Against Long-Term Care Facilities – What to Expect and How to Prepare

Jun 10 2020
On June 1st, CMS issued a press release outlining its efforts to enhance enforcement actions against nursing homes and skilled nursing facilities (“LTC facilities”) with violations of infection control practices.  CMS’s initiative is based on COVID-19 data and inspection results conducted during the Focused Infection Control survey inspections initiated by CMS on March 6, 2020.  CMS also issued further directives to State Survey Agencies concerning COVID-19 reporting and infection control, including performance-based funding tied to the CARES Act. 
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Documenting a Defense – Long Term Care Facilities’ Preparation for COVID-19 Lawsuits and Investigations

Apr 24 2020
Long term care facilities beware: The COVID-19 lawsuits and investigations are coming. Lawyers are suing to obtain the names of all facilities that have had COVID-19 positive staff and residents and they already are drafting complaints. Governmental agencies are closely monitoring facilities’ preparedness and response to the pandemic, with a particular emphasis on infection control efforts. CMS already has held facilities in immediate jeopardy and levied civil monetary penalties (“CMPs”) based on the pandemic, and largely with regard to infection control policies and practices.
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49 Lawyers and 18 Practice Areas Recognized in Chambers USA 2020

Apr 23 2020
Womble Bond Dickinson (US) LLP is pleased to announce that 49 attorneys and 18 state-level practice areas have been ranked in the 2020 edition of Chambers USA: America’s Leading Lawyers for Business. This includes three attorneys who have been recognized in Chambers’ High Net Worth (HNW) Guide. Six practices earned Band 1 rankings, and 11 lawyers received one or more Band 1 rankings.
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Be Prepared for OSHA’s COVID-19 Interim Enforcement Response Plan

Apr 17 2020
On April 13, 2020, OSHA issued its Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19). Employers should pay close attention to this interim guidance because it includes important changes to enforcement guidelines and record-keeping requirements. High-risk employers in the medical and manufacturing sectors face especially important rule changes and enforcement risks. Employers in all sectors should make sure their written policies reflect OSHA’s most up-to-date changes.
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Temporary Stark Law Waivers Aid Providers with COVID-19 Response

Apr 09 2020
On March 30, 2020, the Secretary of Health and Human Services issued blanket waivers of the Physician Self-Referral Law (“Stark Law”). As explained below, those waivers temporarily allow COVID-19 related payments and referrals between designated health service (“DHS”) entities and physicians as long as the payments and referrals fall within CMS’ stated conduct. The waivers are retroactive to March 1, 2020, apply nationwide, and will remain in effect for the duration of the public health emergency.
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Making Sense of FDA’s Recent Guidances on Personal Protective Equipment (PPE)

Apr 08 2020
To address the COVID-19 public health crisis, FDA issued two immediately in effect guidance documents: FDA Guidance for Industry (April 2020) Enforcement Policy for Face Masks and Respirators During the Coronavirus Disease (COVID-19) Public Health Emergency (Revised), and FDA Guidance for Industry (March 2020) Enforcement Policy for Gowns, Other Apparel, and Gloves During the Coronavirus Disease (COVID-19) Public Health Emergency.