MARYLAND ELECTIVE MEDICINE NOW ALLOWED WITH PROTOCOLS

On March 23, 2020, the Maryland Department of Health issued a Directive and Order concerning various health matters including the cessation of all elective or non-urgent surgeries in Maryland.

Effective at 5:00 p.m. on Tuesday, March 24, 2020, all Maryland licensed hospitals, ambulatory surgery centers, and other licensed health care facilities must cease all elective and non-urgent medical procedures. All Maryland health care practitioners are instructed to cease “all elective and non-urgent medical procedures and appointments” and to only perform medical procedures that are critically necessary for the maintenance of health for a patient. 

On May 6, 2020, the Maryland Department of Health issued Amended Directive and Order Regarding Various Healthcare Matters. This Directive and Order addresses various health care matters including the resumption of elective and non-urgent procedures. Effective at 7:00 a.m. on May 7, 2020, health care providers may resume elective and non-urgent medical procedures and appointments. Click here to read about what a health care provider must do in order to resume elective and non-urgent procedures and appointments.

The Department of Health has released this graphic to aid health care practitioners in determining whether a procedure is elective or non-urgent. Additionally, the Centers for Medicare & Medicaid Services has released this guidance on elective and non-urgent surgeries. Further resources on Maryland’s response to COVID-19 may be accessed here.

Click here for a sample self-certification document for use in the resumption of non-emergent care during the national Coronavirus public health emergency from MedChi.

This is provided for general information purposes only and is not intended to be legal advice. Please contact your attorney for additional information on this subject matter.

VIRGINIA ORDER PROHIBITING ELECTIVE SURGERIES AND PROCEDURES NO LONGER IN EFFECT

On April 23, 2020, Virginia Governor Northam and the State Health Commissioner issued an amended Order “prohibiting all inpatient and outpatient surgical hospitals licensed under 12 VAC 5-410, free-standing endoscopy centers, physicians’ offices, and dental, orthodontic, and endodontic offices in the Commonwealth from providing procedures and surgeries that require PPE, which if delayed, are not anticipated to cause harm to the patient by negatively affecting the patient's health outcomes, or leading to disability or death.” The Order does not prohibit surgeries or procedures “that if delayed or canceled would result in the patient's condition worsening.”

Virginia’s Order was in effect until 11:59 p.m. on April 30, 2020.

To view frequently asked questions about the order issued by the state of Virginia, please click here. The Centers for Medicare & Medicaid Services has released this guidance on elective surgeries and procedures. Click here for a sample self-certification document for use in the resumption of non-emergent care during the national Coronavirus public health emergency from MedChi.

This is provided for general information purposes only and is not intended to be legal advice. Please contact your attorney for additional information on this subject matter.

Update: The Families First Coronavirus Response Act

On March 24, 2020, the U.S. Department of Labor (“DOL”) released further guidance on the implementation of the “Families First Coronavirus Response Act” (“FFCRA”). The DOL clarified that the effective date of the FFCRA is April 1, 2020. 

The DOL also posted further guidance on the FFCRA in the form of a Fact Sheet for Employers, a Fact Sheet for Employees and a Question and Answer.  According to the DOL, “a workplace poster required for most employers will be published later this week, along with additional fact sheets and more Q&A.”  The full news release is available here.

This is provided for general information purposes only and is not intended to be legal advice. Please contact your attorney for additional information on this subject matter.