On June 21, 2021, the Occupational Safety and Health Administration (OSHA) adopted its COVID-19 Healthcare Emergency Temporary Standard (ETS). Employers providing health care services will be required to comply with new
Lisa Boyle is a partner and chairs Robinson+Cole's Health Law Group. She has spent more than 23 years representing a wide variety of health care providers, including hospitals, physicians, physician groups, ambulatory surgery centers, nursing homes, home health agencies, continuing care retirement communities, and federally qualified health centers. Ms. Boyle has extensive experience advising health care providers on medical staff and peer review issues, physician recruitment and compensation, medical staff bylaws, management arrangements, electronic medical records, EMTALA, the Stark law and anti-kickback statute, corporate governance, corporate compliance, gainsharing issues, clinical integration and antitrust issues, and risk management and patient care issues. Ms. Boyle has represented health care providers in complex transactions, including mergers and acquisitions, joint ventures, private placements, and reorganizations. She regularly serves as counsel to hospitals and physicians' groups in forming and preparing organizational documents for various joint venture structures.
Ms. Boyle lectures frequently on a variety of health care topics, including physician recruitment, physician compensation, peer review, HIPAA, and informed consent. She is the author of the book entitled HIPAA-a Guide to Health Care Privacy and Security Law, published by Aspen Publishers. Read more at rc.com.
Following the President’s proclamation on March 13 that the COVID-19 outbreak constitutes a national emergency, Secretary of the Department of Health and Human Services (HHS) Alex Azar issued a Waiver or Modification of Requirements Under Section 1135 of the Social Security Act (full text available here) that waives or modifies certain health care laws and regulations in connection with the COVID-19 pandemic. This “1135 Waiver” applies nationwide and took effect on March 15 at 6:00 p.m., but its applicability is retroactive to March 1, 2020. The 1135 Waiver applies for a period of 60 days (subject to extension by the Secretary for successive 60-day periods) or for the duration of the COVID-19 national emergency (if earlier), except the waiver of the HIPAA Privacy Rule described below applies for only 72 hours following a hospital’s implementation of its disaster protocol.
Continue Reading HHS Issues Section 1135 Waiver, and CMS Issues Blanket Waivers of Health Care Laws, in Response to Coronavirus (COVID-19) Emergency