OSHA is Poised to Mandate COVID-19 Prevention Programs
Waller, March 2021

Yesterday, the Department of Labor informally notified key stakeholders that it will soon be issuing new regulations concerning COVID-19.  One expectation is that the regulations will require employers to not only implement COVID-19 prevention programs but also follow CDC guidelines.  Though OSHA has not yet confirmed publicly, a spokesperson for the agency recently revealed: “The Occupational Safety and Health Administration has been working diligently, as appropriate, to consider what standards may be necessary, and is taking the time to get this right.”  Employers should expect OSHA to follow through with more...

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First State Enacts Permanent COVID-19 Occupational Health and Safety Requirements
Waller, February 2021

Virginia is now the first state in the nation to enact permanent COVID-19 workplace safety and health standards. In late January, the Virginia Department of Labor and Industry (DOLI) adopted the Virginia Occupational Safety and Health (VOSH) Program. The program promulgates a new standard that supersedesVirginia’s Emergency Temporary Standard from July 2020. The new standard governs all workplaces in Virginia except for those on federal property or related to Maritime employment, which are governed by OSHA Guidance...

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Will Tennessee Make Restaurant Delivery Permanent?
Waller, January 2021

Tennessee state Rep. Bob Ramsey has introduced state legislation that makes delivery of alcoholic beverages by restaurants, hotels and other liquor by the drink licensees “permanent” — at least for three years. Download a copy of the legislation here. Upon a quick reading, the legislation appears to be modeled after Governor Lee’s emergency orders that legalized delivery during the pandemic We hear Stevie Wonder’s catchy refrain: Ooh baby, here I am Signed, sealed, delivered, I'm yours, I'm yours   There is one notable departure from emergency delivery of alcohol...

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Federal Government Announces Provider Relief Fund Reporting Extension
Waller, January 2021

The U.S. Department of Health and Human Services (HHS) just announced that Provider Relief Fund Program (PRF) recipients will now be required to submit reports regarding their use of these funds later than previously announced. The previous deadline was February 15, 2021. Currently, a specific new timeline was provided, but HHS is encouraging providers to register to receive updates. The extension was due to the recent passage of the Coronavirus Response and Relief Supplemental Appropriations Act and the need to ensure that reporting measures will meet the requirements of the recently enacted legislation. Starting Jan...

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Proposed HIPAA Changes Promote Patient-Friendly Environment
Waller, January 2021

The regulatory change proposed by the Department of Health and Human Services (HHS) in the recent HIPAA Notice of Proposed Rulemaking (NPRM) is another step toward HHS’s objective to encourage a patient-centric healthcare environment. The HIPAA NPRM proposes to tilt the balance of protecting privacy and facilitating the availability of information toward loosening restrictions on disclosures of patient information. In this case, the big winner in the government’s regulatory reformation race is likely to be the patient...

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