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Health Care

Disclosure of Protected Health Information to Emergency Personnel and Public Health Authorities During COVID-19

The Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) recently published guidance clarifying the circumstances under which law enforcement, paramedics, other emergency personnel, and public health authorities[1] may disclose an individual’s protected health…

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DEA Removes In-Person Examination Requirement for Prescribing Controlled Substances Amid COVID-19 Public Health Emergency

Health care practitioners with valid DEA registrations may prescribe controlled substances via telemedicine while COVID-19 is considered a public health emergency. Generally, a provider may not issue a controlled substance prescription without an in-person medical examination; however, this…

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1135 Waiver Response TO COVID-19

With Secretary Azar’s Public Health Emergency declaration and President Trump’s National Emergency declaration, CMS is authorized to grant Social Security Act §1135 waivers of Medicare, Medicaid or SCHIP requirements (“1135 Waivers”) with respect to COVID-19.  Such Waivers may be granted as (A)…

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