Healthcare Staffing Shortages Due to COVID-19: Licensure, Credentialing, Reimbursement, Employment Considerations

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 20, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide healthcare counsel addressing the staffing shortages that many hospitals and healthcare providers are facing. The panel will discuss licensing and credentialing issues relating to the reallocation of physician and provider resources. The panel will also address billing and reimbursement challenges as well as malpractice considerations. The panel will offer best practices for meeting staffing needs in an evolving environment.

Description

While COVID-19 has impacted everyone, hospitals, healthcare providers, and first responders serve on the front lines to battle the coronavirus. Many hospitals and other healthcare entities are overcapacity with COVID-19 patients and do not have sufficient physicians and providers with necessary experience with ventilator management to provide continuous care. Additionally, as healthcare professionals and personnel are unable to work because of COVID-19 infection and are struggling with the toll of around the clock staffing, hospitals are turning to physicians who have the skills and capacity due to the lack of elective procedures. Healthcare providers and their counsel must be aware of issues such as licensing and reimbursement, as well as the various employment laws that regulate the workplace.

Every U.S. state has declared a state of emergency and the majority have eased or modified restrictions regarding the delivery of medical care. Some states are permitting out-of-state practitioners, including retired professionals or those whose license is currently inactive, to practice. Hospitals and healthcare providers must understand the licensing and credentialing requirements within each state they are providing medical services. There are also numerous employment considerations for organizations seeking to prevent shortages and bring in supplemental workers.

Some states are allowing medical students nearing graduation to provide medical care. Some are permitting physician assistants to provide services without the usual supervision requirements, while others have waived nurse collaboration and patient-ratio requirements.

CMS has activated blanket waivers of some Medicare and Medicaid requirements to allow for flexibility in responding to COVID-19. CMS and many states have issued Section 1135 waivers to make it easier to reimburse healthcare providers. Some commercial payors are revising their requirements to allow out-of-state, retired, or inactive-license healthcare providers to bill for their services and receive reimbursement.

Listen as our authoritative panel of healthcare attorneys examines considerations hospitals and healthcare providers should address when dealing with staffing shortages due to COVID-19. The panel will discuss licensure, billing, reimbursement, and malpractice.

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Outline

  1. Licensing, credentialing, and privileging
  2. Billing and reimbursement
  3. Malpractice considerations

Benefits

The panel will review these and other crucial issues:

  • To what extent can out-of-state practitioners, retired practitioners, or those with inactive licenses from other states provide services in each state?
  • Can providers be reimbursed by Medicare, Medicaid, commercial insurers, or other payers for services provided by out-of-state or retired practitioners or those with inactive licenses?
  • Are retired practitioners or those with inactive licenses shielded from malpractice liability?
  • What are the legal considerations relating to reallocation of physicians within a facility and between facilities?
  • What protections are available for reallocated physicians and what are the main risks?
  • What employment issues should providers consider in responding to, or trying to limit, staffing shortages?

Faculty

Fingold, Helaine
Helaine I. Fingold

Member
Epstein Becker & Green

Ms. Fingold has more than 20 years of broad health law and regulatory experience, including prior government experience...  |  Read More

Glasser, Nathaniel
Nathaniel M. Glasser

Partner
Epstein Becker & Green

Mr. Glasser’s practice focuses on the representation of leading companies and firms, including publishing...  |  Read More

O’Rourke, Delphine
Delphine O’Rourke

Partner
Duane Morris

Ms. O’Rourke partners with healthcare organizations, boards of directors and executive management teams to solve...  |  Read More

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