Partner Emily Weber and Of Counsel Alan Einhorn were quoted in the Law360 article, “The Top Questions Health Attys Are Hearing,” about the kind of questions they are fielding from clients during the coronavirus pandemic.
Einhorn, a health care business lawyer in Foley’s Boston office, told Law360 that he has been asked whether the pandemic alters requirements under the Emergency Medical Treatment and Labor Act. “The short is no,” he said, but noted that there “complicated and far-reaching” EMTALA issues depending on the specific situation.
Weber, a health care attorney in Foley’s Denver office who represents hospitals, health systems, academic medical centers, medical schools, physician groups and health care technology companies, said she is being asked about how hospitals can quickly staff up. The question is “very relevant for hospitals in ramping up their services” to expand critical care capabilities,” Weber said.
“A pandemic such as COVID-19 does not relieve referral sources from complying with the relevant portion of the Stark and Anti-Kickback statutes,” she added, explaining that many hospitals are “creating simple and easy contracts” to ensure compliance with the laws which police financial conflicts of interest in patient referrals.