In the wake of President Trump’s March 13, 2020, declaration that the COVID-19 outbreak is a national emergency, the federal Department of Health and Human Services invoked its authority under section 1135 of the Social Security Act to waive certain requirements that providers normally must meet to receive reimbursement for services to Medicare, Medicaid, and

Authored by Michael P. House and Shuaiqi Yuan

The U.S. Trade Representative (USTR) has announced a request for comments on modifications to the Section 301 China tariffs to address coronavirus (COVID-19). USTR is requesting public comments on possible further modifications to remove duties from additional medical care products. Businesses who import medical care products that are currently subject to the Section 301 China tariffs may wish to consider filing a request for removal of those tariffs.

USTR has invited comments from interested persons with respect to whether a product covered by the Section 301 tariffs is needed to respond to the COVID-19 outbreak. Each comment must identify the product of concern and explain precisely how the product relates to the response to the COVID-19 outbreak. For example, the comment may address whether a product is directly used to treat COVID-19 or to limit the outbreak, and/or whether the product is used in the production of needed medical care products.

Continue Reading Waiver of Section 301 Tariffs on Medical Care Products from China

On March 18, the president issued an executive order invoking the Defense Production Act. The order designates certain “health and medical resources” as scarce and critical materials essential to the national defense, and grants the Secretary of Health and Human Services significant power over their distribution and allocation in the civilian market. Under the order,

As federal and state governments respond to COVID-19, employers and plan fiduciaries must also address the evolving issues arising under employer-sponsored health plans. We expand on the following topics in this update:

  • HIPAA limitations must be followed; however, the public threat posed by COVID-19 may permit or require certain disclosures
  • As of March 18, 2020,

The coronavirus (COVID-19) outbreak has prompted China’s central and local governments to undertake special management measures. The following update outlines the legal liability for violations of COVID-19 control measures based on recent cases released by the Supreme People’s Procuratorate and its local counterparts. Read More

On March 14, 2020, by a vote of 363-40 the U.S. House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act. The bill now proceeds to the Senate, and the White House has voiced its support for the legislation. The attached update summarizes provisions of the bill of particular interest to the healthcare