As of 4-2-20


Office Practice

Betsy Lehman Center


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.
  • 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.


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  

HHS.Gov. Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency.

OCR. February 2020 Office for Civil Rights, U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus.

Informed Consent Telehealth:



Good faith uses and disclosures of protected health information (PHI) by business associates for public health and health oversight activities https://www

Behavioral Health patients:

Liability - Immunity

  • The PREP Act - 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:


Staff and Self-Care:

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

The Schwartz Center.

NHS: Going Home Checklist. March 6, 2019.



Other Helpful Resources:




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