Health Law COVID-19 Resources

The spread of COVID-19 (coronavirus) is having significant legal implications across the health law sector. The response to the COVID-19 pandemic is now moving at a rapid rate as government and healthcare entities work to flatten the curve and reduce the impact of the virus in the US, resulting in new legal issues and challenges for all aspects of the healthcare system. To help assist our members with staying informed in this rapidly changing legal environment, the ABA Health Law Section, through its COVID-19 Task Force, has put together the following list of resources to help you stay apprised of health law developments related to COVID-19.
 

ABA Webinars

• ABA HLS COVID-19 Task Force, Reopening Safely in the Time of COVID-19: Guidance for Deciding Whether to Reopen and Legal Implications of Reopening
  
• ABA HLS Facilities & Operations Interest Group, Preparing for Pandemics and Disasters: Emergency Preparedness Requirements
  
• ABA, Trending CLE: Covid-19 Collections

General Resources

• ABA Practice Forward
  
• Bloomberg News, Coronavirus
  
• Center for Connected Health Policy, COVID-19 Related State Actions
  
• ChangeLab Solutions, COVID-19 Response & Recovery
  
• Harvard School of Public Health
• Hooper, Lundy & Bookman, COVID-19 Resource Center
  
• Husch Blackwell Coronavirus Toolkit
• Johns Hopkins
• Joint Commission
  
• KFF
• Law 360 on Coronavirus
• Los Angeles Times, Coronavirus Live Updates
  
• Manatt Health, COVID-19 Response: How We Can Help
  
• McDermott Will & Emery, Coronavirus Resource Center
  
• Modern Healthcare, COVID-19 Content
  
• Moses Singer Resource List 
• National Conference of State Legislatures, Coronavirus Resources for States
  
• National Conference of State Legislatures, State Actions on Coronavirus Relief Funds
  
• National Conference of State Legislatures, National Framework, State Plans Emerging for COVID-19 Vaccine Allocation
  
• National Council for Behavioral Health, Resources and Tools for Addressing Coronavirus (COVID-19)
  
• Network for Public Health Law
• New York Times, Coronavirus Live Updates
  
• Nixon Peabody, Thought Leadership (search for COVID-19)
  
• Public Health Law Watch, Addressing Legal Responses to COVID-19
  
• Rural Health Information Hub, Rural Response to Coronavirus Disease 2019 (COVID-19)
  
• The COVID Tracking Project
  
• Tracking Movement of COVID-19
• UC Berkeley Institute for Research on Labor and Employment, COVID-19 RESOURCES FOR THE PUBLIC SECTOR
  
• USA Coronavirus Case Tracker (Areavibes)
  
• World Health Organization, Responding to Community Spread of COVID-19
  

Government Guidance

• Aggregated Government COVID-19 Resources
• CDC, Coronavirus (COVID-19) Resources
• CDC, COVID-19 One-Stop Shop Toolkits
  
• CDC, Interim COVID-19 Contact Tracing Communications Toolkit for Health Departments
  
• CDC, COVID-19 Guidance Documents
• CDC, COVID-19 Vaccination: Clinical Resources for Each COVID-19 Vaccine
• CDC Guidance for Pharmacies
• CDC Healthcare Facilities: Preparing for Community Transmission
• CDC, Healthcare Infection Prevention and Control FAQs for COVID-19
• CDC, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)
• CDC Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings
• CDC Interim U.S. Guidance for Risk Assessment and Public Health Management of Healthcare Personnel with Potential Exposure in a Healthcare Setting to Patients with Coronavirus Disease (COVID-19)
• CDC COVID-19 information for Healthcare Professionals
  
• CDC COVID-19 information for Healthcare Facilities
  
• CDC COVID-19 information for Health Departments
  
• CDC COVID-19 information for Laboratories
• CDC, COVID-19 Vaccinations in the United States
• CDC, Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare Settings (Interim Guidance)
• CDC, Interim Guidelines for COVID-19 Antibody Testing
  
• CDC, Multisystem Inflammatory Syndrome in Children (MIS-C) Associated with Coronavirus Disease 2019 (COVID-19)
  
• CDC, Natural Disasters, Severe Weather, and COVID-19
  
• CDC Outpatient and Ambulatory Care Settings: Responding to Community Transmission of COVID-19 in the United States
  
• Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020
  
• CMS, Acute Hospital Care at Home Individual Waiver Only (not a blanket waiver)
  
• CMS Clinical Laboratory Improvement Amendments (CLIA) Laboratory Guidance During COVID-19 Public Health Emergency
• CMS COVID-19 Main Page
  
• CMS COVID-19 Partner Toolkit
• CMS COVID-19 Response News Alert: CMS Frequently Asked Questions (FAQs) for State Medicaid and Children’s Health Insurance Program (CHIP) Agencies
• CMS COVID-19 Response News Alert: CMS Issues Frequently Asked Questions on Catastrophic Health Coverage and the Coronavirus
• CMS Hospital Administrator Letter Requesting Letter requesting hospitals report data in connection with their efforts to fight the 2019 Novel Coronavirus (COVID-19)
• CMS, CMS Issues Guidance Allowing Independent Freestanding Emergency Departments to Provide Care to Medicare and Medicaid Beneficiaries during the COVID-19 Public Health Emergency
  
• CMS Long-Term Care Nursing Homes Telehealth and Telemedicine Tool Kit
• CMS, Medicare Monoclonal Antibody COVID-19 Infusion Program Instruction
  
• CMS, Medicare Program; CY 2021 Payment Policies under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Quality Payment Program; Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Electronic Prescribing for Controlled Substances for a Covered Part D Drug under a Prescription Drug Plan or an MA-PD plan; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR Program; Establish New Code Categories; and Medicare Diabetes Prevention Program (MDPP) Expanded Model Emergency Policy
  
• CMS New and Expanded Flexibilities for Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs) During the COVID-19 Public Health Emergency (PHE)
  
• CMS News: CMS Announces Relief for Clinicians, Providers, Hospitals and Facilities Participating in Quality Reporting Programs in Response to COVID-19
• CMS, Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare
  
• CMS Releases Recommendations on Adult Elective Surgeries, Non-Essential Medical, Surgical, and Dental Procedures During COVID-19 Response
• CMS Section 1135 Waivers
• CMS, State Medicaid & CHIP Telehealth Toolkit
  
• CMS, Statements from the Office of the National Coordinator for Health IT and the Centers for Medicare & Medicaid Services on Interoperability Flexibilities amid the COVID-19 Public Health Emergency
  
• CMS Sweeping Regulatory Changes to Help U.S. Healthcare System Address COVID-19 Patient Surge Fact Sheet
• CMS Upcoming Requirements for Notification of Confirmed COVID-19 (or COVID-19 Persons under Investigation) Among Residents and Staff in Nursing Homes
  
• EEOC, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
  
• Executive Order on Improving Rural Health and Telehealth Access
  
• Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19
• FDA Coronavirus (COVID-19) Update: FDA Authorizes First Test for Patient At-Home Sample Collection
  
• FDA, COVID-19 Vaccines
• FDA Emergency Use Authorizations for COVID-19
• FDA Revised Recommendations for Reducing the Risk of Human Immunodeficiency Virus Transmission by Blood and Blood Products
• FDA Revised Recommendations to Reduce the Risk of Transfusion-Transmitted Malaria
• FDA Recommendations to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob Disease by Blood and Blood Components
• HHS, Healthcare Emergency Preparedness Information Gateway
  
• HHS, Coronavirus (COVID-19) Grant Opportunities and Guidance
• HRSA Health Center Program, Coronavirus Disease 2019 (COVID-19) FAQs
  
• NIH Grants Information
• Nixon Peabody, Federal and State Government Responses: How Telehealth is Being Harnessed to Address the Coronavirus Pandemic
  
• OCR Announces Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency
  
• OCR, BULLETIN:  Civil Rights Protections Prohibiting   Race, Color and National Origin Discrimination During COVID‐19
  
• OCR HIPAA COVID-19 Guidance
• SAMHSA COVID-19 Guidance
• U.S. Small Business Administration, COVID-19 guidance & resources

Litigation Resources

• Court Closures
• Fed. Circ., ITC Won't Require Paper Copies During Pandemic

Managed Care & Insurance Resources

• Aetna, What you need to know about the coronavirus (COVID-19)
• AHIP, COVID-19 FAQ
• AHIP, Health Insurance Providers Respond to Coronavirus (COVID-19)
  
• Anthem, Coronavirus: What you need to know (members)
• Anthem, Information from Anthem for Care Providers About COVID-19 (UPDATED March 20, 2020)
• Blue Cross Blue Shield COVID-19 Updates
• Cigna Coronavirus Resource Center
• Centene, COVID-19 Resource Center
• Healthcare Dive, How Insurers Are Covering COVID-19
  
• Humana, Coronavirus: what to know and what to do now
• Kaiser, Coronavirus and COVID-19: How to protect yourself and get care
• United Healthcare, Expanded access to care, support and resources
• Willis Towers Watson (WTW) Resources
• WTW Actuarial model
• WTW H&B US Consulting Resources
• WTW H&B US Canada Resources
• WTW Technical Services

Resources by Health Professional Type

Health Departments

• CDC, Interim COVID-19 Contact Tracing Communications Toolkit for Health Departments
  
• CDC, COVID-19 and Cooling Centers
• CDC, Guidance for Health Departments
• CDC, Information for Health Departments on Reporting Cases of COVID-19
• CDC, Interim CDC Guidance on Handling Non-COVID-19 Public Health Activities that Require Face-to-Face Interaction with Clients in the Clinic and Field in the Current COVID-19 Pandemic
• CDC, Public Health Communicators: Get Your Community Ready
• CDC, Strategies to Allocate Ventilators from Stockpiles to Facilities

Hospice/Palliative Care/Home Health Providers

• American Academy of Hospice and Palliative Medicine, Resources to Address Coronavirus Disease 2019 (COVID-19)
• CDC, Testing Guidelines for Nursing Homes
  
• CMS, Changes to Staffing Information and Quality Measures Posted on the Nursing Home Compare Website and Five Star Quality Rating System due to the COVID-19 Public Health Emergency
  
• CMS, COVID-19 Nursing Home Data
  
• CMS, Home Health Quality Reporting Training
  
• CMS, Hospice: CMS Flexibilities to Fight COVID-19
  
• Husch Blackwell, Hospice Telehealth Flowchart
  
• National Association for Home Care & Hospice, Telehealth
  
• National Hospice and Palliative Care Organization, Hospice and Palliative Care Resources for the Coronavirus Disease (COVID-19)

Laboratories

• CDC, Frequently Asked Questions About Laboratory Biosafety and SARS-CoV-2
• CDC, Interim Guidelines for Protecting, Handling, and Testing Clinical Specimens from Persons for Coronavirus Disease 2019 (COVID-19)
• CDC, CDC's Laboratory Outreach Communication System (LOCS)
• HHS, HHS Announces New Laboratory Data Reporting Guidance for COVID-19 Testing
  
• WHO, Laboratory Biosafety Guidance Related to the Novel Coronavirus
  

Long Term Care/Skilled Nursing Facilities

• CDC, Preparing for COVID-19: Long-term Care Facilities, Nursing Homes
• CMS, CMS Updates Medicare Payment Policies for IPFs, SNFs, and Hospices
  
• CMS, Interim Final Rule Updating Requirements for Notification of Confirmed and Suspected COVID-19 Cases Among Residents and Staff in Nursing Homes
  
• CMS, Interim Final Rule Updating Requirements for Notification of Confirmed and Suspected COVID-19 Cases Among Residents and Staff in Nursing Homes
  
• CMS, Long-Term Care Nursing Homes Telehealth and Telemedicine Toolkit
  
• CMS, Long-Term Services and Supports Rebalancing Toolkit
  
• CMS, Medicare and Medicaid Programs; CY 2021 Home Health Prospective Payment System Rate Update, Home Health Quality Reporting Program Requirements, and Home Infusion Therapy Services and Supplier Enrollment Requirements; and Home Health Value-Based Purchasing Model Data Submission Requirements
  
• CMS, Trump Administration Launches National Training Program to Strengthen Nursing Home Infection Control Practices
  
• CMS, Upcoming Requirements for Notification of Confirmed COVID-19 (or COVID-19 Persons under Investigation) Among Residents and Staff in Nursing Homes
• The Society for Post-Acute and Long-Term Care Medicine, Telehealth in PALTC
  

Non-Emergency Medical Transport

• CDC, Cleaning and Disinfection for Non-emergency Transport Vehicles
  

Payors

• CMS, FAQs on Issuer Flexibilities for Utilization Management and Prior Authorization
  
• CMS, Letter on COVID-19 to All Medicare Advantage Organizations, Part D Sponsors, and Medicare-Medicaid Plans
  
• CVS Health, Coronavirus (COVID-19) Keeping Clients and Plan Members Informed
  

Pharmacies

• CDC, Guidance for Pharmacies
  

Providers

• American Medical Association, COVID-19 (2019 novel coronavirus) resource center for physicians
• American Psychiatric Association, Practice Guidance for COVID-19
• ASPR Tracie, Hospital Operations Toolkit for COVID-19
  
• CDC, Collection and Submission of Postmortem Specimens from Deceased Persons with Known or Suspected COVID-19, March 2020 (Interim Guidance)
• CDC, Considerations for Inpatient Obstetric Healthcare Settings
• CDC, Decontamination and Reuse of Filtering Facepiece Respirators
• CDC, Dental Settings
• CDC, Discontinuation of Transmission-Based Precautions and Disposition of Patients with COVID-19 in Healthcare Settings (Interim Guidance)
• CDC, Guidance for Healthcare Professionals
• CDC, Human Infection with 2019 Novel Coronavirus Person Under Investigation (PUI) and Case Report Form
• CDC, Information for Healthcare Professionals: COVID-19 and Underlying Conditions
• CDC, Information for Pediatric Healthcare Providers
• CDC, Instructions for Completing the Human Infection with 2019 Novel Coronavirus (COVID-19) Person Under Investigation (PUI) and Case Report Form
• CDC, Interim Additional Guidance for Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed COVID-19 in Outpatient Hemodialysis Facilities
• CDC, Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19)
• CDC, Interim Guidelines for Collecting, Handling, and Testing Clinical Specimens from Persons for Coronavirus Disease 2019 (COVID-19)
• CDC Interim U.S. Guidance for Risk Assessment and Public Health Management of Healthcare Personnel with Potential Exposure in a Healthcare Setting to Patients with Coronavirus Disease (COVID-19)
• CDC, Operational Considerations for the Identification of Healthcare Workers and Inpatients with Suspected COVID-19 in non-US Healthcare Settings
• CDC, Outpatient and Ambulatory Care Settings: Responding to Community Transmission of COVID-19 in the United States
• CDC, Prepare your Practice for COVID-19
• CDC, Return to Work for Healthcare Personnel with Confirmed or Suspected COVID-19
• CDC, Standard Operating Procedure (SOP) for Triage of Suspected COVID-19 Patients in non-US Healthcare Settings: Early Identification and Prevention of Transmission during Triage
• CDC, Strategies to Mitigate Healthcare Personnel Staffing Shortages
• CDC, Strategies for Optimizing the Supply of N95 Respirators
• CDC, Strategies to Optimize the Supply of PPE and Equipment
• CDC, Use of Personal Protective Equipment (PPE) When Caring for Patients with Confirmed or Suspected COVID-19
• CMS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers
  
• CMS, Medicare Fee-for-Service (FFS) Response to the Public Health Emergency on the Coronavirus (COVID-19)
  
• CMS, Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare
  
• HHS, COVID-19 Workforce Virtual Toolkit: Resources for Healthcare Decision-Makers Responding to COVID-19 Workforce Concerns
  
• Network for Public Health Law, State-Level COVID-19 Liability Protections
  
• Nixon Peabody, COVID-19 health care update: Considerations of medical practices and PE portfolio companies during the COVID-19 pandemic

Resources by Issue/Topic

Alternate Care Sites

• CDC, Considerations for Alternate Care Sites
  

Pharmaceuticals

• CDC, Information for Clinicians on Investigational Therapeutics for Patients with COVID-19
  

Telehealth

• American Academy of Family Physicians, Using Telehealth to Care for Patients During the COVID-19 Pandemic
• American College of Physicians, Telehealth Coding and Billing During COVID-19
• American Hospital Association, Coronavirus COVID-19: Telehealth and Virtual Care
  
• American Medical Association, CARES Act: AMA COVID-19 pandemic telehealth fact sheet
  
• American Optometric Association, AOA Guide to telehealth-based care during COVID-19
  
• American Psychiatric Association, Telepsychiatry and COVID-19
  
• American Psychological Association, Telehealth guidance by state during COVID-19
  
• Center for Connected Health Policy, FEDERAL COVID-19 EMERGENCY ACTIONS
  
• Center for Connected Health Policy, How Telehealth Policy in the United States is Structured (video)
  
• Center for Connected Health Policy, Proposed CY 2021 PHYSICIAN FEE SCHEDULE Fact Sheet
  
• Center for Connected Health Policy, Billing for Telehealth Encounters
• CMS, ESRD Provider Telehealth and Telemedicine Toolkit
• CMS, FAQs on Availability and Usage of Telehealth Services through Private Health Insurance Coverage in Response to Coronavirus Disease 2019 (COVID-19)
• CMS, Medicaid and CHIP Telehealth Toolkit 
• CMS, Medicare Program; CY 2021 Revisions to Payment Policies under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Updates to the Quality Payment Program; Medicare Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Requirement for Electronic Prescribing for Controlled Substances for a Covered Part D Drug under a Prescription Drug Plan or an MA-PD plan; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR Program; Proposal to Establish New Code Categories; and Medicare Diabetes Prevention Program (MDPP) Expanded Model Emergency Policy Proposed Rule
  
• CMS, Medicare Telehealth FAQs
• CMS, MEDICARE TELEMEDICINE HEALTH CARE PROVIDER FACT SHEET
• CMS, Physicians and Other Clinicians: CMS Flexibilities to Fight COVID-19
• CMS, Rural Health Care and Medicaid Telehealth Flexibilities, and Guidance Regarding Section 1009 of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act (Pub. L. 115-271), entitled Medicaid Substance Use Disorder Treatment via Telehealth
• CMS, Telehealth Guidance for Electronic Clinical Quality Measures (eCQMs) for Eligible Professional/Eligible Clinician 2020 Quality Reporting
  
• CMS, Telehealth Guidance for Electronic Clinical Quality Measures (eCQMs) for Eligible Professional/Eligible Clinician 2021 Quality Reporting
  
• Executive Order on Improving Rural Health and Telehealth Access
  
• FCC, COVID-19 Telehealth Program
• Heritage Foundation, Telehealth in the Pandemic and Beyond: The Policies That Made It Possible, and the Policies That Can Expand Its Potential
  
• HHS, MEDICARE BENEFICIARY USE OF TELEHEALTH VISITS: EARLY DATA FROM THE START OF THE COVID-19 PANDEMIC
  
• HHS, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency
• Medicare, Is my telehealth service covered
• OCR, FAQs on Telehealth and HIPAA during the COVID-19 nationwide public health emergency
• Senate HELP Committee, Telehealth: Lessons from the COVID-19 Pandemic
  
• The Society for Post-Acute and Long-Term Care Medicine, Telehealth in PALTC
  

Testing

• FDA Coronavirus (COVID-19) Update: FDA Authorizes First Test for Patient At-Home Sample Collection
•  CDC, Interim Infection Control Guidance on COVID-19 for Personnel at Blood and Plasma Collection Facilities
• CDC, Collection and Submission of Postmortem Specimens from Deceased Persons with Known or Suspected COVID-19, March 2020 (Interim Guidance)
• CDC, Interim Guidelines for COVID-19 Antibody Testing
  
• CDC, Interim Guidelines for Collecting, Handling, and Testing Clinical Specimens from Persons for Coronavirus Disease 2019 (COVID-19)
  
• CDC, Testing Guidelines for Nursing Homes
  
• CMS, CMS and CDC announce provider reimbursement available for counseling patients to self-isolate at time of COVID-19 testing - Counseling checklist

Vaccination

• CDC, COVID-19 Vaccination: Clinical Resources for Each COVID-19 Vaccine
• CDC, Vaccines for COVID-19
• CDC, CDC’s COVID-19 Vaccine Rollout Recommendations
• FDA, COVID-19 Vaccines
• Johns Hopkins, COVID-19 Vaccine Prioritization Dashboard