In the wake of the recent Ebola outbreak, the U.S. Department of Health and Human Services (“HHS”) has issued a guidance on how the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) applies in emergency situations. The guidance attempts to strike a balance between preserving patients’ privacy rights and the need to disseminate information to … Continue Reading
While we turn to science and laws to guide our response to matters in the healthcare industry, the entrance of the Ebola virus into our lives here in the U.S. has challenged our abilities, both from a medical and legal perspective. We know what to do, but our abilities to respond adequately, timely and responsibly … Continue Reading
Providers and health professionals face many challenges in the shifting sands of the Ebola response, including the extent of their duties to each other and their patients and their obligations under a myriad of laws, including OSHA, ADA, FMLA, EMTALA, Title VII and similar state laws. For example, can a hospital require a nurse or … Continue Reading
Of all the complex legal issues raised by the recent cases of Ebola in the U.S., those concerning the delicate balance between preserving patients’ privacy rights and the need to disseminate information to protect public health may be overlooked by providers. First, the laws may seem complex, consisting of a patchwork of state-level privacy and … Continue Reading
As public health officials accelerate their efforts to develop a vaccine to combat Ebola—one that the U.S. Food and Drug Administration (FDA) has not yet approved for use—some may ask if there is ever an option for critically ill patients to gain access to unapproved drugs. These drugs can be obtained in very limited circumstances, … Continue Reading
Businesses around the U.S. now recognize the potential impact of the Ebola crisis on their operations, reputation and in some cases, bottom line. Healthcare providers found themselves on the front lines of the discussion from the time the first case was diagnosed in the U.S. But in the weeks following, it has become clear that … Continue Reading