Appreciating the Nuances of the Medicare 1135 Waiver and HIPAA during the Coronavirus


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

In 2014, our presenter, Rachel V. Rose, JD, MBA, a Houston-based attorney who also teaches bioethics to medical students at Baylor College of Medicine (Houston, Texas), wrote an article, Ebola Misdiagnosis Raises Liability Concerns and was quoted by MedPage Today as an expert in the article Point of Contention: The Law and Ebola Quarantines – How might court actions on the Ebola quarantines affect public health?

Today’s webinar focuses on Coronavirus pandemic and its application to the Medicare 1135 Waiver and HIPAA. The particular areas, which will be covered are as follows: (1) brief on the current status of the Coronavirus; (2) HIPAA – HHS Guidance and the difference between compliance in the ordinary course of business and the use of telemedicine to treat patients; and (3) explanation of the 1135 Waiver.

Key topics to be discussed:

•   HIPAA – the parameters of disclosing a coronavirus diagnosis, as well as maintaining Privacy Rule and Security Rule compliance when requiring employees or contractors to work from home
•   Force majeure contractual clauses and potential interpretations during a pandemic
•   Government mandated quarantine – individual rights versus public health, as well as the allocation of resources

Date / Time: March 24, 2020

•   12:30 pm – 1:30 pm Eastern
•   11:30 am – 12:30 pm Central
•   10:30 am – 11:30 am Mountain
•   9:30 am – 10:30 am Pacific

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•   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 5 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: March 24, 2020

Rachel V. Rose, JD, MBA is a principal with Rachel V. Rose – Attorney at Law, P.L.L.C (Houston, TX).

Ms. Rose has a unique background, having worked in many different facts of healthcare, securities, cybersecurity, as well as international law and business throughout her career. Her practice focuses on a variety of cybersecurity, health care and securities law issues related to industry compliance and transactional work, as well as representing plaintiffs in Dodd-Frank/False Claims Act whistleblower claims.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds and MBA with minors in healthcare and entrepreneurship from Vanderbilt University and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award and The William F. Blews Pro Bono Service Award.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the books The ABCs of ACOs and What are International Business Considerations? She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25 and Houstonia Magazine’s Top Lawyers for healthcare. In 2019, she was also named to the National Trial Lawyers Association’s Top 100, as well as 1st Healthcare Compliance’s 2019 Top presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics. See for additional information.

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Section I. Overview of the Coronavirus, allocation of resources and quarantines as mandated by the government – a discussion of individual rights versus public health

Section II. HIPAA and its application to the Coronavirus

Section III. The difference between the HIPAA Waiver in patient telehealth treatment versus the ordinary course of business

Section IV. 1135 Waiver explanation

Section V. Appropriate coding in relation to the 1135 Waiver and how various insurance companies are responding

Section VI. Questions and Conclusion