Health Care Law Blog: Health Law

Home -> Law Blog Directory -> Health Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Health Law

Health Care Law Blog

Comments and Thoughts on Health Care Legal Issues, HIPAA Privacy & Security, Technology and Other Legal Odds and Ends that Impact West Virginia.
By Bob Coffield

Post Frequency: 2.4/day

Last Entry: April 27, 2020 at 10:14:36

COVID-19 Emergency Response and Information by the Supreme Court of West Virginia, West Virginia State Bar and Other Legal Agencies UPDATED 4/27/2020

Posted on April 27, 2020
Written by Bob Coffield, Flaherty Sensabaugh Bonasso PLLCAs a result of the ongoing COVID-19 pandemic, the Supreme Court of West Virginia, the West Virginia State Bar and other state agencies have taken various actions and issued orders in response to the ongoing COVID-19 crisis...

COVID-19 Pandemic - West Virginia and Federal Health Care and Legal Resources UPDATED

Posted on April 07, 2020
Prepared and updated by Bob Coffield, Flaherty Sensabaugh Bonasso PLLCLAST UPDATED: 4/7/2020We all are working to adapt to the volatile and fluid nature of the changes brought on by the COVID-19 pandemic. I hope this post finds you well, at your home and social distancing...

COVID: Office for Civil Rights Issues Guidance on How Covered Entities May Disclose PHI About an Individual Infected/Exposed to COVID-19

Posted on March 30, 2020
Written by Bob Coffield, Flahety Sensabaugh Bonasso PLLCOn March 24, 2020, the Office for Civil Rights (OCR), U.S Department of Health and Human Services issued the following guidance document related to the ongoing COVID crisis, COVID-19 and HIPAA: Disclosures to law enforcement, paramedics,other first responders and public health authorities...

COVID-19: Small Business Administration Implementing Automatic Deferment on Payments Through the End of 2020

Posted on March 30, 2020
Additional relief was announced on Monday, March 23, 2020, by the U.S. Small Business Administration (?SBA?) for borrowers of home and business disaster loans currently in repayment. To assist borrowers who are repaying SBA loans from past disasters, the SBA is implementing a deferment on payments through the end of 2020...

To access this complete feed in the blog feed reader login or register for free.

COVID: West Virginia Board of Pharmacy Issues Emergency Rule Limiting Prescriptions for Chloroquine and Hydroxychloroquine

Posted on March 26, 2020
West Virginia Board of Pharmacy Issues Emergency Rule Limiting Prescriptions for Chloroquine and Hydroxychloroquine Written by Luke Schmitt, Flaherty Sensabaugh Bonasso PLLCOn March 21, 2020, the West Virginia Board of Pharmacy proposed an emergency rule pursuant to its general rulemaking authority seeking to ensure that chloroquine and hydroxychloroquine ? two drugs thought to be potentially helpful in the treatment of COVID-19 ? are only dispensed to individuals currently in need of these drugs...

Municipal Law: Navigating the West Virginia Open Governmental Meetings Act in Response to COVID-19

Posted on March 24, 2020
Municipal Law: Navigating the West Virginia Open Governmental Meetings Act in Response to COVID-19By James V. Cann and Michael Secret, Flaherty Sensabaugh Bonasso PLLCOn March 23, 2020, Governor Jim Justice issued an executive ?Stay-at-Home? home order, officially known as Executive Order 9-20, in an attempt to further combat the spread of COVID-19 within West Virginia...

West Virginia Governor Issues "Stay at Home Order" Effective Tuesday, March 24 at 8:00 pm

Posted on March 23, 2020
Today the Governor of West Virginia announced a "Stay at Home Order" effective Tuesday, March 24 at 8:00 p.m. The Order does not have a duration listed but instead states that the Order will be in effect until terminated. Here is a summary FAQ issued by WVDHHR on "Staying at Home in West Virginia"...

COVID: Resources for West Virginia Businesses in Response to COVID-19 are Coming

Posted on March 23, 2020
As part of Washington's efforts to minimize the economic disruption of COVID-19 to the nation's 30 million small businesses, the United States Small Business Administration ("SBA") is offering companies low-interest federal disaster loans for working capital through its Economic Injury Disaster Loan Program (EIDL)...

COVID: Legislative Responses and Legal Challenges to Viral Exclusions for Business Interruption Loss Coverages

Posted on March 23, 2020
Part I: Legislative Responses and Legal Challenges to Viral Exclusions for Business Interruption Loss CoveragesWritten by Luke Schmitt, Flaherty Sensabaugh Bonasso PLLC (Part I)Written by Erica Baumgras, Flaherty Sensabaugh Bonasso PLLC (Part II)All eyes are on New Jersey Legislature, which is currently discussing and reviewing a bill that could force coverage under business interruption insurance for coronavirus related losses even in the presence of a ?virus? related exclusion...

COVID: West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine Responding to Address COVID-19 Crisis

Posted on March 23, 2020
West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine Responding to Address COVID-19 CrisisWritten by Luke Schmitt, Flaherty Sensabaugh Bonasso PLLCIn response to the COVID-19 pandemic and in anticipation of the challenges to come, the West Virginia Board of Medicine (the ?Board?) this week has taken specific measures to prepare and to assist healthcare providers during this unprecedented time...

COVID: Loosening of HIPAA Requirements

Posted on March 23, 2020
Loosening of HIPAA RequirementsPermit providers subject to HIPAA to communicate with patients and provide telehealth services through certain remote communications technologiesWritten by Caleb Knight, Flaherty Sensabaugh Bonasso PLLCThe Office for Civil Rights (?OCR?) at the Department of Health and Human Services (?HHS?) has taken steps to permit covered health care providers subject to the HIPAA Rules to seek to communicate with patients and provide telehealth services through remote communications technologies...

COVID: Expanded Medicare Telehealth Coverage

Posted on March 23, 2020
Expanded Medicare Telehealth CoverageEnables beneficiaries to receive a broader range of telemedicine healthcareWritten by Caleb Knight, Flaherty Sensabaugh Bonasso PLLCTo promote continuity of care and to help minimize exposure and spread, on Monday, March 16, 2020, the Trump Administration announced expanded Medicare telehealth coverage that will enable beneficiaries to receive a broader range of healthcare services from their doctors without having to travel to a healthcare facility...

COVID: Interstate Medical License Compact

Posted on March 23, 2020
Interstate Medical License CompactNot a new effort, but offers a pathway for establishing a multi-state practiceWritten by Luke Schmitt, Flaherty Sensabaugh Bonasso PLLCEven before the COVID-19 pandemic, efforts were made within the United States to facilitate the borderless practice of medicine in our country...

COVID: The Health Care Law Blog Restart

Posted on March 23, 2020
These unprecedented and uncertain times have all of us worried, seeking data/information, thinking in new ways as a result of our world being turned upside down in the past month due to the ongoing COVID-19 crisis. The law is largely built around precedent and written law/regulations...

WVHCA Issues Policy Statement for Public Witnesses

Posted on April 29, 2012
On April 11, 2012, the West Virginia Health Care Authority announced a new policy regarding the testimony for witnesses from the public before the Authority at certificate of need and rate hearings. The policy statement issued by James L. Pitrolo, Jr...

MSBCBS of TN Settles HIPAA/HITECH Violation for $1.5M

Posted on March 14, 2012
The HHS Office for Civil Rights (OCR) announced a settlement of $1.5M with Blue Cross Blue Shield of Tennessee (BCBST) relating to potential violations under the HIPAA Privacy and Security Rules. According to the OCR press release, the enforcement action by OCR is the first reported as resulting from a breach report required under the new Breach Notification Rule implemented as a result of the HITECH provisions of HIPAA...

OHFLAC Announces New Independent Informal Dispute Resolution Procedure for West Virginia Nursing Homes

Posted on March 10, 2012
The latest West Virginia Health Care Association e-News Update announced that the Office of Health Facility Licensure and Certification (OHFLAC) has put into place a new Independent Informal Dispute Resolution (IIDR) review of disputed deficiencies for all nursing homes in West Virginia...

West Virginia Health Care Association Launches WV Senior Care Website

Posted on February 26, 2012
This past week health care colleague and CEO of the West Virginia Health Care Association, Patrick D. Kelly, advised me that the association has launched a new website to provide a resource for families and seniors who are researching residential and health care options in West Virginia...

CMS Issues proposed rule for Stage 2 Meaningful Use EHR Incentive Programs under HITECH

Posted on February 24, 2012
Yesterday the Centers for Medicare & Medicaid Services (CMS) announced the proposed rule for Stage 2 Meaningful Use under the the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs which is a part of the Health Information Technology for Economic and Clinical Health Act (HITECH)...

SCOTUS Overturns Supreme Court of Appeals of West Virginia Decision on Nursing Home Arbitration Agreements

Posted on February 24, 2012
On February 21, 2012, the U.S. Supreme Court vacated a ruling by the Supreme Court of Appeals of West Virginia in the matter of Marmet Health Care Center, Inc. v. Brown et al., 565 U.S.(2012). The Supreme Court of Appeals of West Virginia previously held that all pre-dispute arbitration agreements that applied to personal injury and wrongful death claims against nursing homes were unenforceable...

HIPAA Privacy Action Filed Against University Health Associates

Posted on January 23, 2012
The West Virginia Record reports the filing of a medical record breach action against West Virginia University Medical Corporation dba University Health Associates (UHA) under the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)...

WVHCA: 2012 CON Capital Expenditure Minimum

Posted on January 03, 2012
The West Virginia Health Care Authority has announced the 2012 certificate of need capital expenditure minimum threshold of $2,916,104. The new threshold is effective beginning January 1, 2012. The threshold is used as a part of the analysis by health care providers who must determine whether or not a certificate of need is required for a proposed project or health care acquisition...

Health Care Law Blog: Have a Wonderful Holiday Season!

Posted on December 23, 2011
Happy Holidays to my clients, health care and lawyer colleagues, and other readers of the Health Care Law Blog I appreciate your continued support and hope that 2012 will be as exciting and wonderful as this past year. See you in 2012! In years past I have sent out our standard Flaherty Sensabaugh Bonasso PLLC holiday card to thank my clients for trusting our firm with their business and my colleagues for all they do for me throughout the year...

Thanksgiving 2011: Occupy The Dinner Table and Engage With Grace

Posted on November 24, 2011
The Engage with Grace Project is an effort to raise awareness of the importance of end of life care planning and discussing your wishes with your family and friends.Dr. Bryan Vartabedian captures the simplicity of the project in his post, "It began with a simple idea: Create a tool to get people talking...

HIPAA/HITECH Audits: OCR Program to Audit 150 Covered Entities

Posted on November 09, 2011
Today the Office for Civil Right (OCR) announced details of a pilot program to perform up to 150 audits of covered entities to assess privacy and security compliance under HIPAA. OCR will be conducting the audits between November 2011 and December 2012...

OCR Seeks FY2012 Budget Increase of $5.6M for HIPAA Compliance and Enforcement

Posted on March 17, 2011
HealthLeaders reports that the Office of Civil Rights (OCR) is seeking an additional $5.6 million in its Fiscal Year 2012 budget proposal to fund its HIPAA compliance and enforcement activities.The article also details the most current reported numbers on breaches reported to OCR...

OCR Imposes $4.3M Penalty for Violation of HIPAA/HITECH Privacy Rule

Posted on February 22, 2011
UNTIL TODAY, many health care providers questioned whether HHS and the Office of Civil Rights (OCR) would ever issue any significant penalties for violations of the HIPAA Privacy Rule. Today, HHS Office of Civil Rights (OCR) announced a civil money penalty (CMP) of $4...

WVDHHR Transfers OHFLAC Staff and Operations to OIG

Posted on January 31, 2011
According to the West Virginia Department of Health and Human Resources (DHHR), the West Virginia Office of Health Facility Licensure and Certification (OHFLAC) will be transferred to the West Virginia Office of Inspector General (OIG) effective February 1, 2010...

Body Browser: Think Google Earth for the Human Body!

Posted on December 17, 2010
Yesterday Google released Body Browser. Think Google Earth for human anatomy.Body Browser is described as a 3-dimensional multi-layered anatomical model of the human body that you can rotate, zoom in on, and search. More information about Body Browser is available in Google Labs...

West Virginia Connect

Posted on December 12, 2010
Today's Charleston Gazette features an article on a new health care demonstration project, West Virginia Connect, funded by a $36 million federal Health Resources and Services Administration (HRSA) grant.The article indicates that the funding will be for eight West Virginia primary care clinics to provide preventative care services to eligible health consumers for a flat $35 per month...

Related Law Bulletins

Judgment Non Obstante Verdicto - What Is It, And Why Should You Care?
You've just won a hard-fought trial. The jury rendered a substanti...

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...

Bad Marriage, Bad for Health
A lousy marriage might literally make you sick. Marital strife and...

New Study Suggests Hospital Care at Night Worse than Daytime Care
A new study published in The Journal of the American Medical Assoc...