Answering Physicians’ Frequently Asked Legal Questions Related to COVID-19

Caring for patients with COVID-19 requires physicians to navigate a new set of challenges as they work to provide treatment for a disease about which there are still many unknowns. In addition to these clinical challenges, doctors are facing new issues related to workplace and patient safety, medical liability, HIPAA requirements, and employment laws and regulations.

PAMED worked with attorneys Tanya Leshko and Anthony Andrisano, Jr., attorneys with the Harrisburg, Pa. office of the law firm Buchanan Ingersoll & Rooney, to get answers to physicians’ frequently asked legal questions related to the COVID-19 pandemic.

In this new video series, the attorneys answer your FAQs. They also share these links to useful resources to help guide your decision-making process.

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Questions Include:

HIPAA Requirements
What are the HIPAA requirements during the pandemic?

Informed Consent for Elective Procedures
When resuming elective procedures, should language be added to informed consent documents about COVID-19?

Turning Away Patients
Is there liability protection for physicians who turn away patients due to concerns from this pandemic or due to patients asking to be tested for COVID-19?

Faulty COVID-19 Test
What is the liability for a faulty COVID-19 test such as a false positive or negative?

Adequate PPE
Should I close my medical practice if I cannot obtain adequate PPE?

Prescribing Through Telehealth
Are there special requirements for prescribing controlled substances through telehealth?

Cease Employment
Are there guidelines for a physician employer who needs to cease employment with an employee due to COVID-19?

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PAMED thanks Tanya Leshko and Anthony Andrisano for sharing their expertise with our members.

About Tanya C. Leshko

Tanya C. Leshko brings over 20 years of background in government regulatory and business issues to focus on the practice of healthcare law. Her Commonwealth legal experience includes multiple assignments to the Pennsylvania Department of Health, as well as stints in the Governor’s Office and as Chief Counsel of the Pennsylvania Emergency Management Agency.  Learn More  

About Anthony (T.J.) F. Andrisano, Jr.

Anthony F. Andrisano, Jr., represents management in both traditional and non-traditional areas of labor and employment law, providing counsel to both union and non-union employers. His practice ranges from proactive counseling and drafting of employment policies, handbooks and employee agreements to litigation in federal, state and appellate courts. Anthony also represents employers in front of administrative agencies and at binding or non-binding arbitrations, including AAA and FCMS arbitrations. Learn More

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