Vaccine Mandate for Healthcare Providers

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By Kim Stanger

On September 9, 2021, President Biden announced that the federal vaccine mandate for nursing facilities will be extended to most other healthcare workers. Unfortunately, the announcement raised more questions than it answered. Here is what we do and do not know so far; we may have to wait for the October regulations to learn the specifics. This article supplements our September 10 client alert “Vaccine Mandates Q&A” and focuses on the mandate applicable to healthcare workers. Read more

Rural Hospitals Receive Next Round of Provider Relief Funds

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By Kim Stanger

This week, rural providers began receiving the next round of Provider Relief Funds as authorized by the CARES Act. Recipients include rural acute care general hospitals, critical access hospitals (“CAHs”), rural health clinics (“RHCs”), and community health centers located in rural areas. Rural hospitals and CAHs may receive a minimum of $1,000,000 plus additional amounts based on a percentage of their annual expenses. RHCs and CHCs will receive a minimum of $100,000 plus an additional amount based on their operating expenses. The funds are generally made by direct deposit. The disbursement is described here. Read more

HHS Updates Recently Issued Provider Relief Fund Terms and Conditions

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By Kim Stanger

HHS has updated the Terms and Conditions and websites for two key portions of its Provider Relief Fund programs.

1. Provider Relief Funds. Over the weekend, HHS updated the Terms and Conditions and posted FAQs concerning the Provider Relief Fund, available here: https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/index.html. The new Terms and Conditions apply to the $50 billion General Distribution funds that have gone out and will go out over the next few weeks, and reaffirm reporting requirements as well as potential fraud and abuse liability for failing to comply. See https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/terms-conditions/index.html. HHS also opened the portal for those entities entitled to apply for additional General Distribution funds. https://covid19.linkhealth.com/docusign/#/step/1. The FAQs provide detailed information concerning eligibility, requirements, and information necessary to apply for additional funds. https://www.hhs.gov/sites/default/files/20200425-general-distribution-portal-faqs.pdf. Significantly, those who received the a portion of the $20 billion disbursement last week must still provide information confirming their patient revenues as well as attest to the updated Terms and Conditions relevant to that program. Read more

Utah Enacts Healthcare Provider Immunity Law to Address COVID-19 Pandemic

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By Kristy M. Kimball

On Wednesday, April 22, 2020, Utah Governor Gary Herbert signed into law S.B. 3002, which provides heightened immunity for healthcare providers delivering treatment during the COVID-19 pandemic. Specifically, during a declared major public health emergency (as defined U.C.A. 58-85-106), the law gives civil liability immunity to healthcare providers delivering care to patients having the illness causing the health emergency (in this case, COVID-19), as long as the care is (i) provided in good faith and (ii) not grossly negligent or intentionally or maliciously conducted. Such immunity applies even where the healthcare provider is not a volunteer but is paid for their services. If the public health emergency results in a shortage of health care providers, the bill also provides the aforementioned level of immunity to healthcare providers that are practicing outside their normal scope of practice, but who are otherwise properly licensed for the level of care provided. Read more

Medical Record Retention Guidelines

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By Melissa Lou, Kim Stanger, and Christopher Mack

Clients frequently ask us how long they should retain medical records and related business records.  The answer depends on various factors, including the type of record, applicable regulatory and contract requirements, and the provider’s risk tolerance and resources.  Nevertheless, state record retention guides may be valuable to clients as they consider their internal policies.  The Idaho, Utah, and Wyoming state charts below are intended as a guideline.  Providers should confirm laws that may apply in their particular state, or that may apply to their particular situation. Read more