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Governor Asa Hutchinson issued three Executive Orders on Monday, June 15, 2020, in response to the public health crisis posed by COVID-19. Below is a summary of Executive Order 20-34. Pursuant to the Arkansas Emergency Services Act of 1973, the Executive Order authorizes all healthcare providers to provide healthcare services directed at the treatment and mitigation of symptoms of COVID-19 in response to the pandemic and during the declared emergency.

Many Arkansas attorneys have an active bodily injury practice. Often, their clients’ claims arise as a result of motor vehicle accidents. Though Arkansas requires all vehicles operating on its public roadways to carry liability coverage of a minimum limit, not all vehicle owners do so, for a variety of reasons. Further, even if the tortfeasor has liability coverage, his or her liability policy limits may not be sufficient to satisfy all damages incurred by the injured party. Or, though the tortfeasor has a liability policy, there may be coverage exclusions applicable, such that the tortfeasor’s liability carrier denies coverage. In instances such as these, coverage may be available under the injured party’s own liability policy, assuming he or she carries uninsured or underinsured motorist coverage.

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) allocates $100 billion in emergency funding to healthcare providers for treating patients infected with COVID-19 and mitigating financial losses stemming from the pandemic. The legislation sets few parameters for how the Federal Department of Health and Human Services (HHS) is to distribute the funds, but it does stipulate that the money can be used for medical supplies and equipment, such masks and other protective gear, as well as construction, to help deal with an expected patient surge. Additional funds are allocated to address shortages of critical medical supplies and drugs, as well as to expand payments to hospitals and telehealth efforts.

As Arkansas begins its second full week of battling COVID-19, telemedicine has emerged as a major weapon in fighting the pandemic. Last week, both the federal and state government issued notices of significant regulatory flexibility for telehealth services in hopes that health care providers can treat a higher number of patients and reduce the spread of COVID-19 by keeping more sick or high-risk patients at home.

As Arkansas learns of its first presumptive case of coronavirus (COVID-19), it seems inevitable that the virus will have at least some impact on day-to-day activities. The precise extent and duration of that impact remain to be seen. In light of these unusual circumstances, the best mantra we could advise your business is to expect the best but prepare for the worst.

Med Mal 101: Back to Basics is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.

Med Mal 101: Back to Basics is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.