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Written by: Drew Graham, Esq. and Laura Hall Cartner, Esq. On June 24, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued an updated set of Frequently Asked Questions (“FAQs”) regarding nursing homes and safe visitation to residents. While explicitly encouraging nursing homes to work with state and local authorities to maintain safety, CMS clearly supports visitation efforts under specific conditions. Steps Prior to Reopening CMS recommends that nursing homes

Written by: Richard Sheinis, Esq. In the last fifteen (15) months, no less than six (6) data privacy Bills have been introduced in the Senate.  Two of these Bills are specifically related to data collection and use in response to COVID-19.  This does not include the Data Accountability and Transparency Act of 2020, announced by Senator Sherrod Brown on his website on June 18, 2020, but which has not

Written by: Ricky C Benjamin, Esq., and Leanne Livingston, Esq. Increases in federal stimulus funding from Congress under Acts like the Provider Relief Fund, pose a real threat of Qui Tam actions under the False Claims Act against those in the healthcare industry or life sciences fields. Given the fast-paced nature of recent federal spending for public health and safety, hospital systems are likely targets for whistleblower Qui-Tam actions

Written by: Drew Graham, Esq. In May 2020, JAMDA (the official journal of the Society for Post-Acute and Long-Term Care Medicine) published a summary about the variability in state regulations regarding infection control and pandemic response in US nursing homes. The study reviewed existing regulations for all fifty states and the District of Columbia, focusing on the search terms infection control, epidemic, and pandemic. The study concluded: 32 states referred

Written by: Ashik R. Jahan, Esq. President Trump’s latest Presidential Proclamation is effective as of June 24, 2020 and suspends entry of individuals in H-1B (specialty occupation), H-2B (temporary non-agricultural and seasonal workers), L-1 (multinational intracompany transferees) and J-1 (cultural and educational exchange visitors) visa categories, as well as their dependent family members, to the United States through December 31, 2020. It is important to distinguish that the limitation

Written by: John E. Hall, Jr., Esq. and Drew Graham, Esq. In spring 2020, Senator Ron Wyden (D-OR) asked the Government Accounting Office (“GAO”) to analyze the Centers for Medicare & Medicaid Services’ (“CMS”) oversight of infection control in nursing homes. On May 20, 2020, GAO issued the first of several responsive reports, focusing on issues arising before the COVID-19 pandemic. Scope of Sen. Wyden’s Inquiry Sen. Wyden asked GAO

Written by: Matthew Haan, Esq.  For nearly one month, Georgia was under a shelter-in-place order that only allowed “essential businesses” to remain open during the COVID-19 pandemic. When the shelter-in-place order expired at the end of April, many businesses were excited to re-open. However, in the time since Georgia began to slowly re-open its economy, many businesses have found the re-opening process difficult. Factors such as public skepticism and

As the initial COVID-19 crisis begins to settle, another storm will be brewing as claims and lawsuits arise. Equally concerning is that by the time these cases come to resolution or trial, memories may have faded as to how seismic the changes in healthcare delivery were at this time – regardless of federal or state protections that were put in place.

Written by: Richard Sheinis, Esq. Thailand's Personal Data Protection Act was passed in May 2019, and was scheduled to go into effect May 27, 2020.  The Act is very similar to the European Union's General Data Protection Regulation. Only a few days before the Act was to become effective, it was decided that 22 types of agencies and businesses would be exempt from compliance until May 2021.  The 22 types

Written by: Brett Lawrence, Esq. On May 4, 2020, Hungary issued a governmental decree suspending the rights of data subjects under Articles 15 to 22 of the General Data Protection Regulation ("GDPR") in an attempt to contain the spread of the COVID-19 pandemic. Such articles include giving individuals, whose personal data has been collected, the right to know where their data is being transported, the right to object to