Critical Legal Considerations for Healthcare Providers Responding to the Coronavirus Pandemic


CLE credits earned: 1 GENERAL (or 1 LAW & LEGAL for WA state)

This course will cover the key legal issues that health care practitioners and facilities along the continuum of care should consider in developing both their short- and long-term response and recoveries from the COVID-19 pandemic. We will cover President Trump’s March 13th Declaration of a National Emergency and its impact on providers, waivers of certain CMS conditions of participation, Section 1335 Waivers, EMTALA guidance for COVID-19 patients, relaxation of certain HIPAA provisions, supply change management, the impact of physician reallocation and liability issues. As the regulatory environment is fluid, there may be additional topics added to the presentation.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Regulatory relief from health care regulations to help providers respond to COVID_19
•   Flexibility of EMTALA to allow for increased screening and specialized care for COVID-19 patients
•   Limited exceptions to HIPAA
•   Physician reallocation to care for COVID-19 patients: changes to licensure, enrollment, Stark

Date / Time: April 17, 2020

•   2:00 pm – 3:00 pm Eastern
•   1:00 pm – 2:00 pm Central
•   12:00 pm – 1:00 pm Mountain
•   11:00 am – 12:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 24 hours after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: April 17, 2020

Delphine O’Rourke, Esq. is trusted counsel to health industry leaders. She partners with healthcare organizations, boards of directors and executive management teams to solve their greatest regulatory challenges, manage crisis situations and recover from emergencies and disasters.

Delphine is currently advising companies, health care entities and hospital associations across the country in preparing, responding and recovering from the COVID-19 epidemic. She has spoken on legal issues relating to COVID-19 with over 850 health care leaders, authored the first overview and toolkit for healthcare preparedness, been featured on podcasts regarding break regulations, and interviewed by national media outlets.
Delphine’s regulatory practice also focuses on:

•  Federal and state laws and regulations governing access, delivery and payment for medical care in the United States including EMTALA, the federal Anti-Kickback Statute, Stark Law and state fraud and abuse provisions, patient care issues, medical staff matters, licensure, accreditation and tax exemption.

•  Strategic affiliations & complex provider transactions and advising clients about potential arrangements with other healthcare providers, supply chain relationships, as well as assisting clients with internal investigations, acquisition due diligences and corporate compliance matters.

•  Health care innovation with a particular emphasis on analyzing the laws and regulations applicable to mobile health applications, private equity investment in health care and consumer-driven care platforms.

Clients and industry experts also rely on Delphine to engage with their key stakeholders on the topics including the impact of new legislation on the health economy, transformative changes to access, delivery and investment in health care. Her insight and commentary have been featured by Modern Healthcare, Bloomberg Law, Law360 and other leading legal and industry publications

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Regulatory Relief

Section II. Section 1135 Blanket Waivers

Section III. State Medicaid Waiver Requests

Section IV. EMTALA

Section V. HIPAA

Section VI. Waivers of Tort Liability

Section VII. Patient Surges and Provider Reallocation

Section VIII. Supply Chain Continuity