Update 4/15 Revised EMTALA Guidance Issued
4/8/2020 –CMS has issued revised guidance on EMTALA for Critical Access Hospitals (applicable to all hospitals — correction 4/15) covering questions on patient transfer and other EMTALA compliance issues in light of the partial blanket waiver on EMTALA. While specifically directed to CAH’s, the revisions are informative for all providers. The memo was revised to … Read more
FBI warns of teleconferencing hacks
National Cyber Awareness System: 04/02/2020 11:39 AM EDT Original release date: April 2, 2020 The Federal Bureau of Investigation (FBI) has released an article on defending against video-teleconferencing (VTC) hijacking (referred to as “Zoom-bombing” when attacks are to the Zoom VTC platform). Many organizations and individuals are increasingly dependent on VTC platforms, such as … Read more
New HIPAA scam aimed at healthcare providers
April 3, 2020 Alert: Individual Posing as OCR Investigator It has come to OCR’s attention that an individual posing as an OCR Investigator has contacted HIPAA covered entities in an attempt to obtain protected health information (PHI). The individual identifies themselves on the telephone as an OCR investigator, but does not provide an OCR … Read more
CMS issues relaxed rules on EMS payment
April 4 — EMS World reported today that CMS will allow payment for transport by ambulance to non-hospital sites during the Covid -19 event. Paperwork requirements are also being reduced to facilitate greater availability for patients. The EMS World article is found at https://www.emsworld.com/article/1224106/cms-ems-can-now-be-reimbursed-alternative-destination-transports The Press Release from CMS can be found at https://www.cms.gov/files/document/covid-ambulances.pdf
Chicago Reporting Infant Death From Covid — Research The Facts
Illinois Governor Pritzger (D) announced the death of an infant at his press conference on April 2, 2020, and gave the impression to viewers that this child died of Covid-19. Chicago’s Channel 5, however, quoted other state officials as stating that the child had been hospitalized for four weeks with a bowel obstruction and multi-system … Read more
Federal declaration provides limited immunity to heath care workers in COVID-19 care
The federal PREP law provides for a type of limited liability for healthcare workers under a declaration by the Secretary of HHS. On March 17, 2020, the Declaration activating that provision was issued by the Secretary. Excerpts are provided below. Full-text link: https://www.govinfo.gov/content/pkg/FR-2020-03-17/pdf/2020-05484.pdf “Under the Declaration Covered Persons who are afforded liability immunity are ‘‘manufacturers,’’ … Read more
Feds Begin Seizure and Distribution of Hoarded Medical Supplies
April 2, 2020 — The U.S. Department of Justice (DOJ) and U.S. Department of Health and Human Services (HHS) today announced the distribution of hoarded personal protective equipment (PPE), including approximately 192,000 N95 respirator masks, to those on the frontline of the novel coronavirus disease 2019 (COVID-19) response in New York and New Jersey. The … Read more
OCR issues HIPAA Advisory on Covid-19 for First Responders and Dispatchers
The Office of Civil Rights (OCR) responsible for enforcement of HIPAA has issued an advisory on how HIPAA may apply to EMS and first-responders and interactions with health departments, covered entities, and dispatch. The advisory does not change the basic rules of exchange of PHI for Treatment, Payment, Operations, and as required by Law but … Read more
UPDATE 3/31/2020: CMS issues limited blanket waivers — including EMTALA
3-31-2020 19:00 CDT — CMS has just released a 26-page list of waivers for the Covid-19 emergency, including the long-awaited clarification on EMTALA. My thanks to Dr. Todd Taylor for getting it to me within 30 minutes of its release. The lengthy document waives numerous other federal requirements for hospitals, critical access hospitals, and psychiatric … Read more