COVID19 RELATED RESOURCES and LINKS

As of 4-2-20

 

Office Practice

Betsy Lehman Center https://betsylehmancenterma.gov/assets/uploads/COVID19Info_MedicalOfficePractices_2020-04-01.pdf?utm_source=newsletter&utm_medium=email&utm_campaign=april2020-patient-safety-beat

 

Emergency licensing and credentialing:

 

Laws, Regulations, Accreditation

Insurance Coverage:

  • Address medical malpractice insurance coverage for providers coming back to practice out of retirement and for providers that are expected to provide care outside of their scope of practice.
  • Providers (in active practice) that are being put into a position of providing care outside the scope of their practice/certification, would malpractice coverage still cover their actions if acting in emergency circumstances? The State immunities granted thus far seem to only apply to providers, rather than entities/bricks and mortar.
  • Gov.   Bulletin 2020-08; Flexibility in the Issuance and Administration of Medical Malpractice Insurance during COVID-19 (Coronavirus) Public Health Crisis. https://www.mass.gov/news/bulletin-2020-08-flexibility-in-the-issuance-and-administration-of-medical-malpractice
  • Brokers:
  • Underwriters:
    • Check with underwriters for questions on coverage issues such as coverage for telemedicine
    • Issues with delay in paying premium (since so many elective treatments are cancelled and revenue is drying up)
    • Claims reporting for COVID.

Ethics Resources:

Childcare: Is anyone considering providing childcare?

  • Many organizations are opening day care for employees. Many states have relaxed licensing for day care facilities in this instance. Stand-alone day-care policies are not able to be underwritten generally for this exposure - they are overloaded on their current book of business/current insured. Some organizations extend coverage from their self-insurance programs to cover employees (not third parties) who are providing day care in their shops. Someone mentioned medical students - they could be covered; but it's tricky.
  • One organization is providing childcare but through privately insured childcare vendors.
  • Some Bright Horizon locations near hospitals are remaining open for healthcare workers.
  • If providing childcare complete background checks.

Telehealth:

Current State Laws & Policies Telehealth:

The practice of telemedicine is governed by each state and is based on the location of the patient. Some states have issued an Executive Order that permits providers to practice in the state during the COVID-19 emergency. Changes during this emergency are fluid including State Laws, Emergency Declarations, and Executive Orders. Check your State medical board website as well as the following websites frequently for updates.

Federal Policy Telehealth:

CMS.Gov. Medicare Telemedicine Health Care Provider Fact Sheet. March 17th, 2020 https://www.cms.gov/newsroom/fact-sheets/medicare-telemedicine-health-care-provider-fact-sheet  

HHS.Gov. Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency. https://www.hhs.gov/hipaa/for-professionals/special-topics/emergency-preparedness/notification-enforcement-discretion-telehealth/index.html

OCR. February 2020 Office for Civil Rights, U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus. https://www.hhs.gov/sites/default/files/february-2020-hipaa-and-novel-coronavirus.pdf

Informed Consent Telehealth:

 

HIPAA:

Good faith uses and disclosures of protected health information (PHI) by business associates for public health and health oversight activities https://wwwhttps://www.hipaajournal.com/ocr-issues-notice-of-enforcement-discretion-to-allow-business-associates-to-disclose-phi-for-covid-19-public-health-and-health-oversight-activities/.hipaajournal.com/ocr-issues-notice-of-enforcement-discretion-to-allow-business-associates-to-disclose-phi-for-covid-19-public-health-and-health-oversight-activities/

Behavioral Health patients:

Liability - Immunity

  • The PREP Act https://www.phe.gov/Preparedness/legal/prepact/Pages/COVID19.aspx - Takes a much broader approach, covering those that manufacturer, distribute, administer, prescribe or use Covered Countermeasures. Those countermeasures include, as applied to the current COVID-19 pandemic, a drug, device, or a biological product that is (i) manufactured, used, designed, developed, modified, licensed or procured to diagnose, mitigate, prevent, treat, or cure the disease caused by SARS-CoV-2 or a virus mutating therefrom, or to cure a serious or life-threatening disease or condition caused by such a drug, biological product, or device; or (ii) a product or technology intended to enhance the use or effect of such a drug, biological product, or device.

Cancelling Surgeries:

Supplies -PPE, Ventilators, Beds:

Battelle deploys decontamination system for reusing N95 masks

UMass research suggests sterilized masks remain effective

Joint Commission Statement on Use of Face Masks Brought From Home  https:https://www.jointcommission.org/-/media/tjc/documents/resources/patient-safety-topics/infection-prevention-and-hai/covid19/public_statement_on_masks_from_home.p//www.jointcommission.org/-/media/tjc/documents/resources/patient-safety-topics/infection-prevention-and-hai/covid19/public_statement_on_masks_from_home.p

 

Staff and Self-Care:

Betsy Lehman Center webpage Emotional needs of clinicians and staff during the COVID-19 pandemic

The Schwartz Center. https://www.theschwartzcenter.org/covid-19

NHS: Going Home Checklist. March 6, 2019. https://www.dbth.nhs.uk/news/the-going-home-checklist/

 

 

Other Helpful Resources:

 

HELPFUL RESOURCES 

HealthcareProxyMulitLanguages

The Massachusetts Health Care Proxy is available in English and 15 additional languages, including American Sign Language (video below).  As published for more than 25 years by nonprofit Massachusetts Health Decisions, it is a 4-page document in all versions. It includes information about the document itself, the Massachusetts Health Care Proxy Law and how it works, instructions on how to complete the form, and the form itself. This is why the document is subtitled: “Information, Instructions, and Form.”

Below are various versions of the Information and Instructions pages ONLY. The PDF documents below DO NOT INCLUDE THE FORM. You or a family member can download the information below to learn about the Health Care Proxy. But we encourage you to sign an English version.  The information, instructions, and form are exactly the same in every language.  For example, you can follow the instructions in the Spanish version to fill out the form in any other language version.  Get a free copy of the Massachusetts Health Care Proxy for your personal use here.

If you or your organization needs multiple copies of any version of the complete Massachusetts Health Care Proxy–in any language–you can order forms here.  Or download a copy of our Forms and Publications pricelist.  You can also read about purchasing a license so your organization can reproduce any version of the Massachusetts Health Care Proxy on your server. All Massachusetts forms and materials, in all languages, are protected by federal copyright laws and may not be reproduced or copied in quantity without our written permission, typically by license.

 

MA GOVERNMENT/REGULATORY

Massachusetts

RISK MANAGEMENT

 

The current MSHRM Board and/or its designees make every effort to approve various emails and postings. The information and communications are for general informational purposes only and do not constitute and are not intended to take the place of legal or risk management advice.  Parties should contact their own counsel for any such advice. The MSHRM Board of Directors makes no warranty, guarantee, or representation, either expressed or implied, as to the correctness or sufficiency of any of the information contained in email communication or postings. No responsibility is assumed for the discovery and/or elimination of hazards that could cause accidents or damage. Reliance upon, or compliance with, any of the information, suggestions or recommendations contained in no way guarantees the fulfillment of your obligations under your insurance policy or as may otherwise be required by any laws, rules or regulations.