LDH Issues Updated Notice To Licensed Healthcare Facilities And Professionals to Postpone Until Further Notice All Medical And Surgical Procedures

The Louisiana Department of Health Office of Public Health (“LDH”) issued HEALTHCARE FACILITY NOTICE/ORDER NOTICE #2020-COVID19-ALL-007(“Updated Notice”) on Saturday, March 21, 2020 to all licensed healthcare facilities and all healthcare professionals licensed by any board or authority in Louisiana DIRECTING AND REQUIRING any and all medical and surgical procedures to bepostponed until further notice.

There are two exceptions in the Updated Notice to this directive to postpone all medical and surgical procedures: (1) medical and surgical procedures to treat an emergency medical condition defined in 42 C.F.R. § 489.24; and (2) medical and surgical procedures to avoid further harms from an underlying condition or disease.

Healthcare Services, Other than Medical and Surgical Procedures. In this Updated Notice, LDH also (1) directed all healthcare providers to transition all in-person healthcare services to a telehealth mode of delivery when medically appropriate and the standard of care can be met as an in-person visit; and (2) to postpone all in-person healthcare services that can be safely postponed for 30 days.

This Updated Notice was effective on the date it was issued – MARCH 21, 2020.

A copy of the Updated Notice is accessible here.

The LDH previously issued on March 18, 2020 HEALTHCARE FACILITY NOTICE/ORDER NOTICE #2020-COVID19-ALL-006 (“Initial LDH Memo Re Medical and Surgical Procedures”) to all licensed healthcare facilities and all healthcare professionals licensed by any board or authority in Louisiana DIRECTING AND REQUIRING any and all medical and surgical procedures to be postponed for a 30-day period from March 19, 2020 through April 21, 2020 if such medical and surgical procedures can be safely postponed in the medical opinion and judgment of the physician or other appropriate healthcare professional.

A copy of the Initial LDH Memo Re Medical and Surgical Procedures is accessible here.

Written By: Clay Countryman

Countryman, Clay headshot

CMS Issues First Round Of Blanket Waivers for Hospitals and Other Healthcare Facilities to Provide Regulatory Flexibility to Help Healthcare Providers Contain the Spread of COVID-19

3D medical image with virus cells

Following the President’s declaration of a national emergency due to COVID-19 on Friday, March 13, 2020, and in conjunction with HHS Secretary Azar’s declaration of a public health emergency on January 31, 2020, the Centers for Medicare and Medicaid Services (CMS) has issued the first round of blanket 1135 waivers to temporarily waive or modify certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements for providers and suppliers. Continue reading

HHS Issues Blanket Waivers on Several Regulatory Requirements Including Professional Licensure, EMTALA, and Certain HIPAA Privacy Requirements

3D medical image with virus cells

The U.S. Department of Health and Human Services (HHS) has issued blanket waivers for certain healthcare regulatory requirements effective 6:00 p.m. on March 15, 2020, and they are retroactive to March 1, 2020.  These waivers issued by HHS are in addition to the waivers issued by CMS on Friday, 3/13/2020.  Included in the HHS waivers are the following: Continue reading

Proposed Revisions to the Anti-Kickback Statute: An Overview

On October 3, 2019, the Department of Health and Human Services, Office of Inspector General (HHS-OIG) issued its proposed amendments to specific provisions of the Anti-Kickback Statute (AKS), 42 CFR §§ 1001 and 1003. These proposed amendments modify existing safe harbors, add new safe harbors that provide new protections and codify existing statutory protections. Continue reading

Substantial Changes Proposed to the Stark Law and Anti-Kickback Statute Regulations to Address Regulatory Burdens and Value-Based Care Arrangements

On October 9, 2019, the U.S. Department of Health and Human Services (“HHS”) released proposed changes to the physician self-referral law (the “Stark Law Proposed Rule”) and the Anti-Kickback Statute (AKS) and the Civil Monetary Penalty Law (CMPL) (the “AKS Proposed Rule”). These proposed changes to the Stark Law, the Anti-Kickback Statute, and the Civil Monetary Penalty Law contain some of the most significant changes to these laws in the last several years. Continue reading