COVID-19’s Detrimental Impact in Long-Term Care Facilities

According to the Centers for Disease Control (“CDC”), older adults and people with severe underlying medical conditions are at higher risk for developing more serious complications from the COVID-19 illness. For this reason, among others, long-term care facilities have been hit particularly hard by the virus. Although it was difficult to be prepared for this pandemic, there are concerns that many long-term care facilities did not have proper preventative measures in place in even before COVID-19 became an issue. Because of this, long-term care facilities have become hot spots for the viruses spread. As states and the federal government continue to monitor long-term care facilities’ compliance with local and federal laws, regulatory agencies are now also faced with added pressure to not only slow the spread of COVID-19 within the facilities, but also to control the legal environment in the anticipated aftermath of the outbreak.

Employer Compliance with CARES Act

On March 27, 2020, President Donald J. Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748), otherwise known as the “CARES” Act. Originally introduced in January as the Middle-Class Health Benefits Tax Repeal Act, the bill was then revised to address the needs of the United States amid the coronavirus pandemic. The bi-partisan CARES Act, with strong support from the White House, ultimately passed the House of Representatives with a 419-6 roll call and the Senate with 96-0 votes.

Telehealth Services Amid a Global Pandemic

With COVID-19 rapidly spreading, telehealth services have been seeing an explosion of demand. On March 17, 2020, President Trump announced during a White House press briefing an unprecedented expansion of telehealth services for the 62 million Medicare beneficiaries who are amongst the most vulnerable to the disease. The Department of Health and Human Services (“HHS”) and Centers for Medicare and Medicaid Services (“CMS”) have since vowed to work with the administration by temporarily relaxing certain HIPAA, altering licensure, cost-sharing, and auditing requirements. As the number of patients increases, compliance and privacy risks associated with telehealth also surge.

The NCAA and COVID-19: How are Student Athletes Impacted?

Sarah Suddarth Associate Editor Loyola University Chicago School of Law, JD 2021   The COVID-19 pandemic has caused disruption to everyone’s lives, and student athletes are no exception. The unprecedented situation has presented many questions and the National Collegiate Athletic Association (“NCAA”) has attempted to answer many of those questions coming directly from the displaced …
Read more

Tiger King and Zoo Auditing

Libby Meadows Associate Editor Loyola University Chicago School of Law, JD 2021 Like many people during this quarantine, the majority of my days are spent switching through different streaming sites trying to find anything entertaining to watch. Towards the end of March Tiger King: Murder, Mayhem and Madness was released on Netflix. It instantly took …
Read more

The Empire State’s New Data Privacy Law

Dhara Shah Senior Editor Loyola University Chicago School of Law, JD 2020   Data privacy and more specifically, user privacy, has become the focus for many in the past year. Some may say that the European Union began this “trend” with the implementation of the General Data Protection Regulation (GDPR) with California soon following in …
Read more

Prescribing Online with COVID-19

COVID-19 has rapidly changed the healthcare field unlike anything has before. With the continued spread, healthcare providers have started to adopt telehealth as a way to access patients and continue to provide quality care, without breaking their self-isolation. One avenue that has long been closed off for physicians has been online prescribing, but COVID-19 appears to be changing even that.

Action Against Individuals Regarding Fraudulent Genetic Testing

Michael Manganelli Associate Editor Loyola University Chicago School of Law, JD 2021 In October 2019, The Department of Justice (“DOJ”) announced a multi-agency and multi-state coordinated law enforcement action against 35 individuals involved in an alleged $2.1 billion genetic cancer testing scheme. The alleged scheme involved the payment of illegal kickbacks and bribes to medical professionals …
Read more

The DOJ Launches a National Nursing Home Initiative

On March 3, 2020, the Department of Justice (“DOJ”) launched a National Nursing Home Initiative to “coordinate and enhance civil and criminal efforts to pursue nursing homes and long-term care facilities that provide grossly substandard care to their residents.” The DOJ’s new initiative adds to its extensive efforts to combat elder abuse and financial fraud targeted at American seniors. The initiative will start with a focus on some of the worst nursing homes and enhance all civil and criminal efforts to pursue the nursing homes that provide grossly substandard care to their residents.

The Families First Coronavirus Response Act Includes Unemployment and Paid Leave Provisions

The Illinois Department of Public Health, local health departments, public health partners throughout Illinois, and federal agencies, including the Centers for Disease Control and Prevention (“CDC”), are responding to an outbreak of respiratory illness caused by a novel coronavirus called COVID-19 that was first identified in December 2019 during an outbreak in Wuhan, China. COVID-19 has spread throughout the world, including the United States, since it was detected and was declared a public health emergency for the U.S. on January 31, 2020 to aid the nation’s healthcare community in responding to the threat. The World Health Organization (WHO) announced March 11, 2020 that the spread of coronavirus qualified as a global pandemic.