Category Archives: North Carolina
Regulatory Fright: Audits Citing Harm, Abuse, Neglect, or Exploitation
There is little more daunting than the Division of Health Services Regulation (“DHSR”) – or whatever acronym is used in your State – slapping penalties on long term care facilities, nursing homes, and other residential facilities, such as residential homes housing handicapped recipients, mentally ill recipients, or substance abuse consumers. Many of these penalties are immediate and can easily put a facility out of business and a resident without a home. DHSR falls under the umbrella of DHHS, the “single State entity” that manages Medicaid in each respective State. DHSR may be a different acronym in your State, but the essence will be the same.
The primary difference between adult care homes and nursing homes is as follows:
“Adult Care Homes” provide care and assistance to people with problems carrying out activities of daily living and supervision to people with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated, trained staff. Smaller adult care homes that provide care to two to six unrelated residents are commonly called family care homes.
“Nursing Homes” are for people who need chronic or rehabilitative care, who, on admission are not acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities. A “nursing home” provides care for people who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
Regarding Violations & Penalties in Adult Care Homes
Pursuant to G.S. 131-D-34 (a), the Department shall impose an administrative penalty in accordance with provisions of the Article on any facility which is found to be in violation of requirements of G.S. 131D-21 or applicable State and federal laws and regulations. Citations for violations shall be classified and penalties assessed according to the nature of the violation.
Type A1 and A2 Violations & Penalties: A monetary penalty fine may be imposed when a “Type A1” or “Type A2” violation has occurred.
- “Type A1 Violation” means a violation by a facility of applicable laws and regulations governing a facility which results in death or serious physical harm, abuse, neglect, or exploitation of a resident.
- “Type A2 Violation” means a violation by a facility of applicable laws and regulations governing the licensure of a facility which results in substantial risk that death or serious physical harm, abuse, neglect, or exploitation will occur.
- For family care homes (licensed for two to six beds), the penalty amount may range from $500.00 to $10,000 for each Type A violation.
- For adult care homes (licensed for seven beds or more), the penalty amount may range from $2000.00 to $20,000 for each Type A violation.
Examples of a Type A1 violation may include the following:
- The facility failed to provide supervision to a confused resident who exhibited wandering and exit seeking behaviors resulting in the resident leaving the facility unsupervised and without the knowledge of the facility’s staff. The resident was hit by a car and sustained multiple injuries causing death.
- The facility failed to administer an antibiotic medication for 7 days as ordered for a resident discharged from the hospital with diagnoses including pneumonia. The resident required a subsequent 11-day hospitalization for diagnoses including respiratory failure and an infection in the bloodstream.
Examples of a Type A2 violation may include the following:
- The facility failed to send a resident to the hospital for evaluation after the resident drank approximately 24 ounces of hand sanitizer on one occasion; drank approximately 8 ounces of body wash and ate an unknown amount of solid deodorant on a second occasion; and failed to notify the resident’s primary care provider of the resident drinking non-consumable substances on more than one occasion which placed the resident at substantial risk of serious physical harm and neglect.
- A resident was administered medications that belonged to another resident. The medications administered had the strong potential of adverse side effects. The resident required emergent evaluation and treatment in the emergency department of the local hospital which placed the resident at substantial risk of serious physical harm.
Unabated Violations and Penalties:
If a facility has failed to correct any violation within the specified date of correction (30 days for Type A violations; 45 days for Type B violations), these are “unabated violations.” Additional penalty fines may be imposed for unabated violations.
Unabated Type A1 and A2 Violations & Penalties:
When a facility has failed to correct a “Type A1” or “Type A2” violation within 30 days, a monetary penalty fine may be imposed in the amount of up to $1,000 for each day that the Type A1 or Type A2 violation continued to occur beyond the date specified for correction.
The Department has legal authority to impose a monetary fine for:
- The inspection in which the Type A1 or Type A2 violation was first identified and
- Additional monetary penalty fines as a result of each inspection in which the unabated Type A1 violation or unabated Type A2 violation continued to occur beyond the specified date of correction
Unabated Type B Violations & Penalties:
Another unabated violation that could result in the imposition of penalty fines is a “Type B” violation that has not been corrected by the facility within the specified correction date (45 days per regulatory authority), known as an Unabated B violation.
- A “Type B” violation means a violation by a facility of applicable laws and regulations governing a facility which is detrimental to the health, safety, or welfare of any resident, but which does not result in substantial risk that death or serious physical harm, abuse, neglect, or exploitation will occur.
- The range of the fine for an Unabated “Type B” violation that was not corrected is up to $400.00 for each day that the violation continues beyond the date specified for correction.
- Additional penalty fines may be imposed as a result of each inspection in which the unabated Type B violation continued to occur beyond the specified date of correction.
Examples of Unabated Type B violations may include the following:
- Several residents have orders to receive pain medications every evening but on one evening, staff forget to give the residents the ordered pain medications. One resident suffers from shoulder pain and could not sleep from the missed dose. Subsequent doses are given as ordered. The facility is cited a Type B violation for the non-compliance and on a follow-up visit, additional medication errors are noted; therefore, the facility is fined up to $400/day until compliance with medication administration is determined, which must be verified by another follow-up inspection.
- The facility’s pest management program is not effective, and roaches are noted in a couple of the residents’ rooms on one out of two halls in the facility. The facility is cited a Type B violation for the non-compliance and on a follow-up visit, additional roaches and insects are noted; therefore, the facility is fined up to $400/day until compliance with pest management is determined, which must be verified by another follow-up inspection.
The Department will determine whether each violation has been corrected.
Pursuant to Chapter 150B and N.C. Gen. Stat. § 131D-34(e), adult care homes have the legal right to appeal the imposition of a penalty fine by filing a petition for contested case within 30 days after the Department mails a notice of the penalty imposition decision to a Licensee.
Once a penalty has been imposed, payment is due within 60 days unless an appeal is timely filed at the at the Office of Administrative Hearings (OAH).
If a penalty is appealed, it will go to a hearing at the Office of Administrative Hearings (OAH). Alternatively, the Department and the Licensee may agree to resolve the penalty by executing a settlement agreement.
I emphasize, if you disagree with the sanction and/or the accusation, APPEAL. I have been successful in eliminating severe penalties that a residential home, nursing home, or adult care homes by arguing at the OAH. Just remember, DHSR can accuse anything of happening to constitute “abuse or neglect” of a consumer. But DHSR must prove it to a Judge!
CHIP v. Medicaid: What’s the Difference?
As you know, many States have expanded Medicaid. I am not saying whether that is good or bad. Just that some have expanded and some States have not. NC is one that has not expanded Medicaid. NC’s Department for Medicaid received a Waiver from CMS to extend Medicaid and the Children’s Health Insurance Program (CHIP) coverage for 12 months after pregnancy. As a result, up to an additional 28,000 people will now be eligible for Medicaid or CHIP for a full year after pregnancy in North Carolina. CMS gave its blessing or Waiver to 24 States. An estimated 361,000 Americans annually are now eligible for 12 months of postpartum coverage. If all states adopted this option, as many as 720,000 people across the United States would be guaranteed Medicaid and CHIP coverage for 12 months after pregnancy.
CHIP piggybacks Medicaid for children. Not adults. But so does EPSDT. The Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit provides comprehensive and preventive health care services for children under age 21 who are enrolled in Medicaid. As a hospital or any provider, if you serve children and get your claims denied, EPSDT should overturn your denials. Check your compliance department. If claims are getting denied for children 21 years of age or younger, then you should be disputing these denials based on EPSDT.
CHIP differs from Medicaid EPSDT. There can be premiums or cost sharing with CHIP. CHIP is also a pre-set amount; whereas, Medicaid EPSDT creates exceptions for those in need under 21.
CHIP was designed to cover children who fall outside of Medicaid eligibility, but who otherwise were not able to be insured through a family plan. This program vastly increased the number of children eligible for health insurance. However, CHIP is not governed by the same legislation as Medicaid and offers drastically different levels of coverage.
Certain states have different names for their Medicaid and CHIP programs. For example, in California, both programs are called Medi-Cal. In Georgia, Medicaid is called Georgia Medical Assistance, and their CHIP program is called PeachCare for Kids.
Medicaid and CHIP provide 51% of health care to our nation’s youth – more than 40 million children.
In the last few months, CMS has published numerous bulletins regarding the importance of EPSDT, especially germane to mental health.
NC Medicaid OVERHAULED!
NC Medicaid is getting a complete overhaul. Politically, everyone is lost and has no idea how this will work. Back in 2010-ish, when NC went to the MCO model, which we have now, hundreds of providers were not paid or had trouble getting paid until the “dust” settled, and the MCOs were familiar with their jobs. Providers continue to suffer nonpayment from MCOs.
The new model consists of two, separate models: (1) the Standard Plan; and (2) the Tailored Plan models.
What’s the difference?
The Tailored Plan
Applies to:
- People who get Innovations Waiver services
- People who get Traumatic Brain Injury (TBI) Waiver services
- People who may have a mental health disorder,substance use disorder, intellectual /developmental disability (I/DD) or traumatic brain injury (TBI).
The Standard Plan
Applies to everyone else. It is normal, physical Medicaid.
December 1, 2022, is the “go-live” date for the Tailored Plans.
Unlike the MCO model, the Tailored Plan offers physical health, pharmacy, care management and behavioral health services. It is for members who may have significant mental health needs, severe substance use disorders, intellectual/developmental disabilities (I/DDs) or traumatic brain injuries (TBIs). Tailored Plans offer added services for members who qualify. DHHS is trying to distance itself from any Medicaid administration by hiring all these private companies to manage Medicaid for DHHS. DHHS has to get federal Waivers to do this.
The MCOs are taking on a new function. Starting December 1, 2022, the MCOs will be managing physical care, as well as mental health and substance abuse.
I see this HUGE change as good and bad (isn’t everything?). The good side effect of this transition is that Medicaid recipients who suffer mental health and/or substance abuse will have their physical health taken care of by the same MCO that manage their mental health and/or substance abuse services. Despite, this positive side effect, we all know that whenever NC Medicaid is OVERHAULED, consumers fall between cracks on a large scale. Let’s just hope that this transition will be easier than past transitions.
Dave Richard, Deputy Secretary NC Medicaid, NCDHHS, gave a presentation today for the NCSHCA. He said that the transition to MCOs was rocky. What does he think will happen when we transfer to the Tailored Plan?
I think I may ask him whether he thinks whether the MCOs are doing a good job, presently.
He’s a great presenter.
He said that the hospitals have come together in the last 4 weeks. He said that we will see something in the media on Monday.
He wants to expand Medicaid because his agency DHHS would be awarded $1.5 Billion over the course of 2 years. Of course, he wants to expand. He has no idea that the MCOs are “terminating at will” providers within the catchment areas in a disproportionate and discriminatory way.
We are close to expansion, he said. 80%, he guessed. “Expansion is really important.”
Not if there are not enough providers.
I did not ask him my question.
Today Mr. Richard had to get a bunch of data from the “new plans.” We are 2 1/2 months away, and he said they are not prepared yet, but hopes to be prepared by December 1, 2022. They still have the discretion to “pull the plug.” He’s worried about a lot of providers who have invested a lot of money to get compliant and ready for the transformation – that they won’t get paid.
“We have 5 really, strong Standard Plans,” he said. Most Medicaid recipients will choose the 5 Standard Plans,
Attorney from the audience: “We have to raise reimbursement rates.” There is a staffing crisis, the attorney, emphasized.
Mr. Richard stated that there will be a raise, but no indication of how much.
Finally, I did ask him his opinion as to whether he thinks the MCOs are doing better now than when the transformation happened (back in 2010-ish).
He said, that nothing is perfect. And that other Medicaid Deputy Secretaries think very highly of NC’s program. I wonder if he’ll run for office. He would win.
The guy next to me asked, “What is the future of the Tailored Plans when they go out of business in 4 years?”
Mr. Richards said that there needed to be competition for being the “big dogs.”
NC Medicaid: Are MCOs Biased?
Since the inception of the Medicaid MCOs in North Carolina, we have discussed that the MCO terminations of providers’ Medicaid contracts have consistently and disproportionately been African American-owned, behavioral health care providers. Normally the MCOs terminate for “purported various reasons,” which was usually in error. However, these provider companies had one thing in common; they were all African American-owned. On this blog, I have generally reported that MCO terminations were just based on inaccurate allegations against the providers. The truth may be more bias. – Knicole Emanuel
- Written by Ryan Hargrave, associate at Practus.
George Floyd; Breyonna Taylor; Eric Garner; Tamir Rice; Jordan Davis, these are all names that we know, all-too-well, for such horrendous reasons. Not for the brilliance, that these young African-American men and women possessed; nor for the accolades they had accumulated throughout their short-lived experiences on this earth. We recognize these names through a disastrous realization that brought communities and our nation together for a singular purpose; to fight racism.
A global non-profit organization, United Way, recognizes four types of racism.
- Internalized Racism—a set of privately held beliefs, prejudices, and ideas about the superiority of whites and the inferiority of people of color.
- Interpersonal Racism—the expression of racism between individuals. Occurring when individuals interact and their private beliefs affecting their interactions.
- Institutional Racism—the discriminatory treatment, unfair policies and practices, and inequitable opportunities and impacts within organizations and institutions, all based on race, that routinely produce racially inequitable outcomes for people of color and advantages for white people.
- Structural Racism—a system in which public policies, institutional practices, cultural representations and other norms work in various, often reinforcing, ways to perpetuate racial group inequality.
These various types of racism can be witnessed in every state, city, county, suburb, and community, although it isn’t always facially obvious. Racism can even be witnessed in the health care community. Recently in 2020, NC Governor Roy Cooper signed executive order 143 to address the social, environmental, economic, and health disparities in communities of color that have been exacerbated by the COVID-19 Pandemic. Machelle Sanders, NC Department of Administration Secretary, was quoted stating that “Health inequities are the result of more than one individual choice or random occurrence—they are the result of the historic and ongoing interplay of inequitable structures, policies, and norms that shape lives.” Governor Cooper went on to include that there is a scarcity of African-American healthcare providers, namely behavioral healthcare providers, available to the public.
Noting this statement from the Governor of our great state, its troublesome to know that entities that provide federal funding to these healthcare providers have been doing their absolute best to rid the remaining African-American behavioral healthcare providers. For years, Managed Care Organizations (“MCOs”) have contracted with these providers to fund the expenses pursuant Medicaid billing. MCOs have repeatedly attempted to terminate these contracts with African-American providers without cause, unsuccessfully; until recently. In the past few years, Federal Administrative Law Judges (“ALJ’s”) have been upholding “termination without cause” contracts between MCOs and providers. This is nothing less of an escape route for MCOs, allowing them to keep the federal funds, that they receive each year based upon the number of contracts they have with providers, as profit. This is an obvious incentive to terminate contracts after receiving these funds. Some may refer to this as a business loophole, while most Americans would label this an unconstitutional form of structural racism. It has been estimated that 99% of behavioral healthcare providers in NC that have been terminated have ONE thing in common. You guessed it. They are African-American owned. Once terminated, most healthcare providers cannot operate without these Federal Medicaid Funds and, ultimately, are forced to close their respective practices.
Why is this not talked about? The answer is simple. Most Americans who are on Medicaid don’t even understand the processes and intricate considerations that go into Medicaid, let alone the general public. And what’s the craziest thing? The craziest thing is the fact that these Americans on Medicaid don’t know that the acts of racism instituted against their providers, trickle down and limit their ability to obtain healthcare services. Think about it. If I live in a rural town and have a healthcare provider that I know and love is terminated and forced to close, I lose access to said healthcare provider and must potentially go to an out-of-town provider. The unfortunate fact is that most healthcare providers who operate with a “specific” specialty, such as autistic therapy, can have waitlists up to 12 months! The ramifications of these financially-greedy, racist acts of the MCOs ultimately affect the general population.
Medicaid Suspension Lifted Because No Evidence of Intent!
Happy 2021! I bring great news and good tidings. I’m fairly sure that everyone reading is educated in what a preliminary injunction is and how important it can be for a health care provider falsely accused of credible allegations of fraud to lift the mandatory suspension of reimbursements. Finally, over the holidays, a Judge found that an indication of intent is required for an accusation of credible allegations of fraud, unlike past cases in which a mere accusation results in suspensions. 42 CFR §455.23 mandates that a health care provider’s reimbursements be suspended based on “credible allegations of fraud.” Which is a low bar. My client, an oral surgeon, had a disgruntled employee complaint and a baseless PCG audit of $6k. A double threat.
For those who are not in the know: An injunction is an extraordinary legal tool that allows the judge to suspend whatever bad action the government or one of its auditors do.
You have to prove:
- Likelihood of success on the merits
- Irreparable harm
- Balance of equities
- Public Interest.
I would guestimate that only 10-20% of requests for TROs and PIs are granted. Last week, we won for the oral surgeon. Everyone can learn from his success. This is how we won. Let me set the stage. We have an oral surgeon who underwent an infamous PCG audit resulting in an alleged $6k overpayment. PCG concurrently sends his data to program integrity, and one month later and without any notice, his reimbursements are suspended based on a “credible allegation of fraud.” Concurrently, he had a disgruntled employee threatening him.
Remember that the bar to demonstrate “credible allegation of fraud” is amazingly low. It is an “indicia of reliability.” An inaccurate PCG audit and a disgruntled employee, in this case, were the catalyst for the oral surgeon’s Medicaid reimbursements. His practice comprised of 80% Medicaid, so the suspension would cause irreparable harm to the practice.
We filed a TRO, PI, and Motion to Stay. The day before Christmas, we had trial.
The Judge ruled that the Department cannot just blindly rely on an anonymous accusation. There has to be some sort of investigation. It is not OK to accept accusations at face value without any sort of independent fact-checking. The Judge created an additional burden for the Department in cases of accusations of fraud that is not present in the regulation. But it is logical and reasonable to expect the Department to explore the accusations. The Judge emphasized that fraud requires intent. He also pointed out that fraud is not defined in the regulations. He emphasized that billing errors are not intentional acts.
The Judge held that, “[i]n light of the large number of Medicaid beneficiaries treated by the Petitioner’s practice, the rarity of the physician’s skills, and the apparent demand for those services, the relatively small amount of money now or formally in controversy, the lack of evidence of actual fraud and the contrary indications, the high probability that good cause exists for not suspending Petitioner’s Medicaid payments, and the near certainty of irreparable harm to the Petitioner if the relief is not granted, a TRO should be granted.”
Even better, the Judge ordered that the surgeon did not have to put up a bond, which is normally required by law. By the stroke of the Judge’s pen, the surgeon could go back to work performing medically necessary services to Medicaid recipients, which, by the way is rare for an oral surgeon to accept Medicaid. This is a success for health care providers. Accusations of fraud should require independent corroboration and evidence of intent.
A Court Case in the Time of COVID: The Judge Forgot to Swear in the Witnesses
Since COVID-19, courts across the country have been closed. Judges have been relaxing at home.
As an attorney, I have not been able to relax. No sunbathing for me. Work has increased since COVID-19 (me being a healthcare attorney). I never thought of myself as an essential worker. I still don’t think that I am essential.
On Friday, May 8, my legal team had to appear in court.
“How in the world are we going to do this?” I thought.
My law partner lives in Philadelphia. Our client lives in Charlotte, N.C. I live on a horse farm in Apex, N.C. Who knows where the judge lives, or opposing counsel or their witnesses? How were we going to question a witness? Or exchange documents?
Despite COVID-19, we had to have court, so I needed to buck up, stop whining, and figure it out. “Pull up your bootstraps, girl,” I thought.
First, we practiced on Microsoft Teams. Multiple times. It is not a user-friendly interface. This Microsoft Team app was the judge’s choice, not mine. I had never heard of it. It turns out that it does have some cool features. For example, my paralegal had 100-percent control of the documents. If we needed a document up on the screen, then he made it pop up, at my direction. If I wanted “control” of the document, I simply placed my mouse cursor over it. But then my paralegal did not have control. In other words, two people cannot fight over a document on this new “TV Court.”
The judge forgot to swear in the witnesses. That was the first mess-up “on the record.” I didn’t want to call her out in front of people, so I went with it. She remembered later and did swear everyone in. These are new times.
Then we had to discuss HIPAA, because this was a health care provider asking for immediate relief because of COVID-19. We were sharing personal health information (PHI) over all of our computers and in space. We asked the judge to seal the record before we even got started. All of a sudden, our court case made us all “essentials.” Besides my client, the healthcare provider, no one else involved in this court case was an “essential.” We were all on the computer trying to get this provider back to work during COVID-19. That is what made us essentials!
Interestingly, we had 10 people participating on the Microsoft Team “TV Court” case. The person that I kept forgetting was there was Mr. Carr (because Mr. Carr works at the courthouse and I have never seen him). Also, another woman stepped in for a while, so even though the “name” of the masked attendee was Mr. Carr, for a while Patricia was in charge. A.K.A. Mr. Carr.
You cannot see all 10 people on the Team app. We discovered that whomever spoke, their face would pop up on the screen. I could only see three people at a time on the screen. Automatically, the app chose the three people to be visible based on who had spoken most recently. We were able to hold this hearing because of the mysterious Mr. Carr.
The witnesses stayed on the application the whole time. In real life, witnesses listen to others’ testimony all the time, but with this, you had to remember that everyone could hear everything. You can elect to not video-record yourself and mute yourself. When I asked my client to step away and have a private conversation, my paralegal, my partner, and the client would log off the link and log back on an 8 a.m. link that we used to practice earlier that day. That was our private chat room.
The judge wore no robe. She looked like she was sitting on the back porch of her house. Birds were whistling in the background. It was a pretty day, and there was a bright blue sky…wherever she was. No one wore suits except for me. I wore a nice suit. I wore no shoes, but a nice suit. Everyone one else wore jeans and a shirt.
I didn’t have to drive to the courthouse and find parking. I didn’t even have to wear high heels and walk around in them all day. I didn’t have to tell my paralegal to carry all 1,500 pages of exhibits to the courthouse, or bring him Advil for when he complains that his job is making his back ache.
Whenever I wanted to get a refill of sweet tea or go to the bathroom, I did so quietly. I turned off my video and muted myself and carried my laptop to the bathroom. Although, now, I completely understand why the Supreme Court had its “Supreme Flush.”
All in all, it went as smoothly as one could hope in such an awkward platform.
Oh, and happily, we won the injunction, and now a home healthcare provider can go back to work during COVID-19. All of her aides have PPE. All of her aides want to go to work to earn money. They are willing to take the risk. My client should get back-paid for all her services rendered prior to the injunction. She hadn’t been getting paid for months. However, this provider is still on prepayment review due to N.C. Gen. Stat. 108C-7(e), which legislators should really review. This statute does not work. Especially in the time of COVID. See blog.
I may be among the first civil attorneys to go to court in the time of COVID-19. If I’m honest, I kind of liked it better. I can go to the bathroom whenever I need to, as long as I turn off my audio. Interestingly, Monday, Texas began holding its first jury trial – virtually. I cannot wait to see that cluster! It is streaming live.
Being on RACMonitor for so long definitely helped me prepare for my first remote lawsuit. My next lawsuit will be in New York City, where adult day care centers are not getting properly reimbursed.
RACMonitor Programming Note:
Healthcare attorney Knicole Emanuel is a permanent panelist on Monitor Monday and you can hear her reporting every Monday, 10-10:30 a.m. EST.
NC’s DHHS’ Secretary’s Handling of COVID-19: Yay or Nay?
I posted/wrote the below blog in 2017. I re-read my February 10, 2017, blog, which was entitled “NC DHHS’ New Secretary – Yay or Nay?” with the new perspective of COVID-19 being such a hot potato topic and sparking so much controversy. Interestingly, at least to me, I still stand by what I wrote. You have to remember that viruses are not political. Viruses spread despite your bank account, age, or location. Sure, variables matter. For example, I am statistically safer from COVID because I live on a small, horse farm in North Carolina rather than an apartment in Manhattan.
The facts are the facts. Viruses and facts are not political.
I was surprised that more people did not react to my February 10, 2017, blog, which is re-posted below – exactly as it was first posted. For some reason (COVID-19), people are re-reading it.
___________________________________
Our newly appointed DHHS Secretary comes with a fancy and distinguished curriculum vitae. Dr. Mandy Cohen, DHHS’ newly appointed Secretary by Gov. Roy Cooper, is trained as an internal medicine physician. She is 38 (younger than I am) and has no known ties to North Carolina. She grew up in New York; her mother was a nurse practitioner. She is also a sharp contrast from our former, appointed, DHHS Secretary Aldona Wos. See blog.
Prior to the appointment as our DHHS Secretary, Dr. Cohen was the Chief Operating Officer (COO) and Chief of Staff at the Centers for Medicare and Medicaid Services (CMS). Prior to acting as the COO of CMS, she was Principal Deputy Director of the Center for Consumer Information and Insurance Oversight (CCIIO) at CMS where she oversaw the Health Insurance Marketplace and private insurance market regulation. Prior to her work at CCIIO, she served as a Senior Advisor to the Administrator coordinating Affordable Care Act implementation activities.
Did she ever practice medicine?
Prior to acting as Senior Advisor to the Administrator, Dr. Cohen was the Director of Stakeholder Engagement for the CMS Innovation Center, where she investigated new payment and care delivery models.
Dr. Cohen received her Bachelor’s degree in policy analysis and management from Cornell University, 2000. She obtained her Master’s degree in health administration from Harvard University School of Public Health, 2004, and her Medical degree from Yale University School of Medicine, 2005.
She started as a resident physician at Massachusetts General Hospital from 2005 through 2008, then was deputy director for comprehensive women’s health services at the Department of Veterans Affairs from July 2008 through July 2009. From 2009 through 2011, she was executive director of the Doctors for America, a group that promoted the idea that any federal health reform proposal ought to include a government-run “public option” health insurance program for the uninsured.
Again, I was perplexed. Did she ever practice medicine? Does she even have a current medical license?
This is what I found:
It appears that Dr. Cohen was issued a medical license in 2007, but allowed it to expire in 2012 – most likely, because she was no longer providing medical services and was climbing the regulatory and political ladder.
From what I could find, Dr. Cohen practiced medicine (with a fully-certified license) from June 20, 2007, through July 2009 (assuming that she practiced medicine while acting as the deputy director for comprehensive women’s health services at the Department of Veterans Affairs).
Let me be crystal clear: It is not my contention that Dr. Cohen is not qualified to act as our Secretary to DHHS because she seemingly only practiced medicine (fully-licensed) for two years. Her political and policy experience is impressive. I am only saying that, to the extent that Dr. Cohen is being touted as a perfect fit for our new Secretary because of her medical experience, let’s not make much ado of her practicing medicine for two years.
That said, regardless Dr. Cohen’s practical medical experience, anyone who has been the COO of CMS must have intricate knowledge of Medicare and Medicaid and the essential understanding of the relationship between NC DHHS and the federal government. In this regard, Cooper hit a homerun with this appointment.
Herein lies the conundrum with Dr. Cohen’s appointment as DHHS Secretary:
Is there a conflict of interest?
During Cooper’s first week in office, our new Governor sought permission, unilaterally, from the federal government to expand Medicaid as outlined in the Affordable Care Act. This was on January 6, 2017.
To which agency does Gov. Cooper’s request to expand Medicaid go? Answer: CMS. Who was the COO of CMS on January 6, 2017? Answer: Cohen. When did Cohen resign from CMS? January 12, 2017.
On January 14, 2017, a federal judge stayed any action to expand Medicaid pending a determination of Cooper’s legal authority to do so. But Gov. Cooper had already announced his appointment of Dr. Cohen as Secretary of DHHS, who is and has been a strong proponent of the ACA. You can read one of Dr. Cohen’s statements on the ACA here.
In fact, regardless your political stance on Medicaid expansion, Gov. Cooper’s unilateral request to expand Medicaid without the General Assembly is a violation of NC S.L. 2013-5, which states:
SECTION 3. The State will not expand the State’s Medicaid eligibility under the Medicaid expansion provided in the Affordable Care Act, P.L. 111-148, as amended, for which the enforcement was ruled unconstitutional by the U.S. Supreme Court in National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al., 132 S. Ct. 2566 (2012). No department, agency, or institution of this State shall attempt to expand the Medicaid eligibility standards provided in S.L. 2011-145, as amended, or elsewhere in State law, unless directed to do so by the General Assembly.
Obviously, if Gov. Cooper’s tactic were to somehow circumvent S.L. 2013-5 and reach CMS before January 20, 2017, when the Trump administration took over, the federal judge blockaded that from happening with its stay on January 14, 2017.
But is it a bit sticky that Gov. Cooper appointed the COO of CMS, while she was still COO of CMS, to act as our Secretary of DHHS, and requested CMS for Medicaid expansion (in violation of NC law) while Cohen was acting COO?
You tell me.
I did find an uplifting quotation from Dr. Cohen from a 2009 interview with a National Journal reporter:
“There’s a lot of uncompensated work going on, so there has to be a component that goes beyond just fee-for service… But you don’t want a situation where doctors have to be the one to take on all the risk of taking care of a patient. Asking someone to take on financial risk in a small practice is very concerning.” -Dr. Mandy Cohen
COVID-19: Temporary Rate Increases for Medicaid Providers!
Effective March 10, 2020, the Division of Health Benefits (DHB) implemented a 5% rate increase for the Medicaid provider groups listed below. See DHHS Update. (This update was published April 3, 2020, but retroactively effective).
DHB will systematically reprocess claims submitted with dates of service beginning March 10, 2020, through the implementation date of the rate increase.
Claims reprocessing for Skilled Nursing Facility providers will be reflected in the April 7, 2020, checkwrite. All other provider groups claim reprocessing will be included in subsequent checkwrites beginning April 14, 2020.
Providers receiving a 5% increase in fee-for-service reimbursement rates:
- Skilled Nursing Facilities
- Hospice Facilities
- Local Health Departments
- Private Duty Nursing
- Home Health
- Fee for Service Personal Care Services
- Physical, Occupational, Respiratory, Speech and Audiology Therapies
- Community Alternatives for Children (CAP/C) Personal Care Services (PCS)
- Community Alternatives for Disabled Adults (CAP/DA) Personal Care Services (PCS)
- Children’s Developmental Service Agency (CDSA)
[Notice that none of the increased rates include Medicaid services managed by managed care organizations (“MCOs”). No mental health, substance abuse, or developmentally disabled services’ rates are included].
Reprocessed claims will be displayed in a separate section of the paper Remittance Advice (RA) with the unique Explanation of Benefits (EOB) codes 10316 and 10317 – CLAIMS REPROCESSED AS A RESULT OF 5% RATE INCREASE EFFECTIVE MARCH 10, 2020 ASSOCIATED WITH THE COVID-19 PANDEMIC. The 835 electronic transactions will include the reprocessed claims along with other claims submitted for the checkwrite (there is no separate 835). Please note that depending on the number of affected claims you have in the identified checkwrite, you could see an increase in the size of the RA.
Reprocessing does not guarantee payment of the claims. Affected claims will be reprocessed. While some edits may be bypassed as part of the claim reprocessing, changes made to the system since the claims were originally adjudicated may apply to the reprocessed claims. Therefore, the reprocessed claims could deny.
This Medicaid rate increase could not come faster! While it is a small, itsy-bitsy, tiny, minuscule semblance of a “bright side”…a bright side it still is.
Coronavirus: The Latest Court Closings
Article courtesy of Law360. Updated April 1, 2020.
Notice the article does not expound on the closings or openings of administrative law courts across America. If you are defending a Medicare or Medicaid overpayment, tentative notice of overpayment, or other alleged penalties, you will, most likely, be in administrative court.
At least, here, in NC, the administrative courts are open for Motions. Physically, the courts are closed except for a clerk. No in-person hearings are being held. But emergency, telephonic hearings can be heard.
FEDERAL APPEALS COURTS
U.S. Supreme Court
The high court postponed oral arguments scheduled for this month’s session running March 23 to March 25 and March 30 to April 1. The court’s regularly scheduled order list will be posted on the court’s website at 9:30 a.m. March 23. Hard copies will not be released. Opinions will be issued by the court at 10 a.m. the same day.
The court closed to tourists on March 12 until further notice, but the building will remain open for official business.
The deadline to file any petition for a writ of certiorari due on or after March 19 is extended to 150 days from the date of the lower court judgment, order denying discretionary review or order denying a timely petition for rehearing. The court said it will generally grant motions for time extensions if parties have difficulties related to the coronavirus.
Federal Circuit Court of Appeals
All cases scheduled for argument during the April 2020 sitting will be conducted remotely and no in-person hearings will be held. All existing deadlines in cases are still in effect. All requirements to provide paper copies of documents submitted electronically are suspended for all documents filed on or after March 2 until further notice. Pro se parties are permitted to submit case-initiating documents by fax or email.
The public is prohibited from entering the National Courts Building complex unless preauthorized by court staff and only as necessary to conduct or support essential court functions, effective March 16. Those who have tested positive for the coronavirus or had possible exposure to the virus are prohibited from entering the courthouse.
D.C. Circuit Court of Appeals
The court of appeals for the D.C. Circuit has suspended all in-person onsite oral arguments until further notice.
The Court of Appeals for the D.C. Circuit is limiting access to its courthouse to “judges, court staff, members of the media, and visitors with official business with the courts,” effective Friday. The court asked that those who have tested positive for the coronavirus, have had contact with someone who has been exposed to the virus, been asked to self-quarantine or are experiencing flu-like symptoms not enter the courthouse. Pro se litigants may email filings to ProSeFilings@cadc.uscourts.gov as PDF files and should not send duplicate paper copies to the court.
First Circuit Court of Appeals
Oral arguments scheduled for the month of April are canceled.
Second Circuit Court of Appeals
All filing dates and other deadlines between March 16 and May 17 are extended by 21 days.
Those who do not have business with the court will not be admitted until further notice. Arguments may be conducted remotely.
Lawyers or pro se parties scheduled to argue before the court should contact the clerk of court if they: visited or have been in contact with someone who was in China, Iran, Italy, Japan or South Korea in the past two weeks, have been asked to self-quarantine, have tested positive for the coronavirus or have been in contact with someone who has tested positive, or if they have a verifiable health condition.
Third Circuit Court of Appeals
Oral arguments will continue as scheduled pending further order of the court. The merits panel will determine the manner of argument. Parties may file a motion requesting to appear by audio conference. The majority of staff in the clerk’s office will be working remotely. The three-day time limit for requesting extensions is relaxed until the clerk’s office resumes normal operations. The filing of paper copies of briefs and appendices is deferred until further notice.
The Third Circuit Judicial Conference scheduled for May 13-15 in Philadelphia has been canceled.
Fourth Circuit Court of Appeals
Cases previously scheduled for argument during the March 17-20 and April 7 argument sessions will be heard at a later session, heard remotely or submitted on the briefs, at the direction of the assigned panels. The court temporarily suspended its oral argument requirement for published opinions.
The Powell Courthouse in Richmond, Virginia, is closed to the public. Papers may be filed in the courthouse lobby, but those who have tested positive for the coronavirus, those with symptoms of COVID-19 and those who may have been exposed to the virus are prohibited from entering the building.
Fifth Circuit Court of Appeals
All requirements to file paper copies are suspended until further notice. Extensions with justification may be requested from the clerk’s office. All outstanding deadlines for incarcerated and nonincarcerated pro se filers are extended for 30 days after their due dates. The court canceled in-person oral arguments scheduled for March 30 to April 2 in New Orleans.
Sixth Circuit Court of Appeals
All nonessential court functions are postponed until further notice. Judges, parties, attorneys and some court staff are allowed to appear via video conference. The requirement that nonprisoner pro se litigants file exclusively in paper format is temporarily suspended until April 17.
Those who have tested positive for the coronavirus or come into contact with someone who has tested positive are barred from entering any courtroom. That restriction also applies to those who have been asked to self-quarantine, are exhibiting cold or flu symptoms, have visited Italy, Iran, China or South Korea in the past two weeks, or have had close contact with someone who has visited those countries in the past two weeks.
Seventh Circuit Court of Appeals
All cases scheduled for oral argument from March 30 through the end of April will be argued via telephone. The courtroom in Chicago will be closed to the public, and the court is operating with reduced staff. Arguments will be recorded and posted on the court’s website. If all parties agree among themselves to waive oral argument, they may jointly file a motion with the court seeking permission to do so.
Eighth Circuit Court of Appeals
The public is not being admitted to the Eighth Circuit Clerk’s Office. Those who come to the Burger Courthouse in St. Paul, Minnesota, or the Eagleton Courthouse in St. Louis to file may leave their documents at the front door to the office.
Ninth Circuit Court of Appeals
Ninth Circuit courthouses are closed to the public during noncourt weeks until further notice. The court is evaluating arguments currently scheduled for March, April and May and will give orders to the cases individually. Panels may exercise their discretion to submit cases without argument, postpone argument to a later date or hold argument via telephone or video. Arguments will be livestreamed for the public.
Tenth Circuit Court of Appeals
The Tenth Circuit closed its sole courthouse to the public from March 17 until further notice. The Denver courthouse will be restricted to judges, court staff, court security officers and service providers with official business with the court. All filings should be made electronically or via mail until further notice.
Eleventh Circuit Court of Appeals
In the Eleventh Circuit, only judges, court staff, members of the media and visitors with official business with the court will be allowed into the two Eleventh Circuit buildings. Paper filing requirements are temporarily waived. Panels can hear oral arguments remotely, and those hearings will be livestreamed for the public when feasible. Recordings of oral arguments will also be available on the court’s website. Anyone who is experiencing flu-like symptoms or who has had a known contact with a person who tested positive for the coronavirus will not be allowed inside.
The court has canceled its judicial conference, which had been scheduled for May 6 through May 9 in Atlanta.
FEDERAL DISTRICT COURTS AND STATE COURTS
Alabama
The Northern District of Alabama is prohibiting those who have tested positive for the coronavirus and those who may have been exposed to the virus from entering its courthouses. Also prohibited are those who have visited China, Italy, Japan, Iran or South Korea in the past two weeks.
In the Middle District of Alabama, no jurors will be summoned for civil or criminal jury trials for 30 days as of March 17. All jury trials and trial-specific deadlines scheduled during that period are postponed for 30 days, as are all grand jury proceedings. Initial appearances, arraignments and detention hearings before the magistrate judges will continue remotely. Any proceedings that can’t be conducted remotely will be coordinated with the duty magistrate judge. Case-by-case exceptions to the procedures may be ordered for nonjury matters at the discretion of the court after consultation with counsel.
All the Middle District’s bankruptcy court, hearings will be held by telephone through May 31
The Middle District is prohibiting those who have tested positive for the coronavirus and those who may have been exposed to the virus from entering its courthouses. Also prohibited are those who have visited China, Italy, Japan, Iran or South Korea in the past two weeks.
The Southern District of Alabama is prohibiting those who have tested positive for the coronavirus and those who may have been exposed to the virus from entering its courthouses. Also prohibited are those who have visited Europe, China, Italy, Iran or South Korea in the past two weeks.
In the state court system, all in-person court proceedings are suspended through April 16, with exceptions for jury trials in progress as of March 13 and other essential and emergency matters. Any court deadlines set to expire before April 16 are extended to April 20, excluding statutes of limitation.
Alaska
In the District of Alaska, all civil and criminal jury trials set to begin on or before May 1 are postponed until further notice. Trial-specific deadlines in civil and criminal cases set to begin before May 1 are postponed until further notice. All noncase-related activities scheduled in the James M. Fitzgerald U.S. Courthouse in Anchorage and the U.S. Courthouses in Fairbanks and Juneau are canceled until further notice. All grand jury proceedings scheduled to be held from Feb. 18 through May 1 are postponed. No hearings in bankruptcy appeals pending before the court scheduled from March 23 through May 1 will go forward, except for emergency time-sensitive matters.
In Alaska’s state court system, all Superior Court and District Court proceedings are suspended through April 3 except for certain priority hearings, including arraignments, felony first appearances and bail hearings. All trial court proceedings are suspended through May 1 except for certain priority hearings. Criminal jury trials are suspended through May 1, but trials underway as of March 23 may continue. Filing deadlines are extended to May 1 in suspended cases. The court is encouraging those with COVID-19 symptoms or possible exposure to the virus not to come to any state courthouses.
Arizona
The District of Arizona has postponed all civil and criminal jury trials scheduled to begin on or before May 4 until further notice. All trial-specific deadlines in criminal cases scheduled to begin before May 4 are postponed until further notice, and judges may postpone deadlines for civil cases at their discretion. All grand juries that were scheduled to convene on or before April 17 are suspended. For those charged with felonies during this time, the period of time for presenting the case to the grand jury is extended 30 days from the indictment deadline. All court proceedings in the Tucson division through March 29 are postponed. Judges will conduct proceedings remotely where feasible. Noncase-related activities at courthouses in Phoenix, Tucson and Yuma, including naturalization ceremonies, are canceled until further notice.
The Flagstaff Courthouse will be closed to the public, except for necessary court appearances, through at least April 10. The public admitted to the courtroom will be limited to no more than two people in the public seating area at any time.
The court is asking those who recently traveled from an area with widespread COVID-19 — and those who are exhibiting symptoms of the disease — not to visit its courthouse.
In the state court system, no new petit juries will be empaneled through April 17.
Arkansas
In the Eastern District of Arkansas, all civil jury trials scheduled between March 18 and April 20 are canceled. All criminal jury trials scheduled to take place between March 23 and April 30 are postponed until further notice. All grand jury proceedings scheduled between March 18 and April 30 are postponed until further notice. Attorneys and parties must provide notice of potential exposure to the coronavirus. The court will use videoconferencing in preliminary criminal proceedings as needed. All large scale public events scheduled for March and April are postponed.
In the Western District of Arkansas, all civil and criminal bench and jury trials are postponed and will be rescheduled to a date after May 1. Other civil and criminal matters that can be resolved without oral argument or handled remotely are unaffected. Those who have tested positive for the coronavirus or may have been exposed to it are prohibited from entering any courthouse.
In the state court system, in-person proceedings in the appellate, Circuit and District courts are suspended until April 17. Exceptions include certain emergency, time-sensitive and other necessary proceedings. All summonses for people to participate in jury panels are suspended until May 1.
California
In the Southern District of California, civil and criminal jury trials are postponed until April 16. For the district’s bankruptcy court, all hearings will be conducted by telephone through April 16.
In the Eastern District of California, all civil and criminal jury trials are postponed until May 1. All courthouses are closed to the public. All civil matters will be decided on the papers or by remote hearings, if necessary. All criminal initial appearances, arraignments and other essential proceedings will proceed before magistrate judges unless the parties agree to postpone them. Proceedings should be conducted remotely when possible. District judges may postpone criminal matters to a date after May 1.
In the Central District of California, all courthouses are closed to the public through May 1, except for certain criminal hearings. Courthouse tours are canceled. No civil hearings will go forward, except for emergency time-sensitive matters. Any hearings on emergency civil matters will only proceed by telephone. All matters before the bankruptcy court will proceed by telephone.
In the Northern District of California, all civil and criminal jury trials are postponed until May 1. Anyone with symptoms should not appear in court. As of March 24, the San Jose courthouse was closed to both staff and the public until at least April 7 after a visitor was treated for COVID-19. All other district courthouses are closed to the general public until at least April 7. Essential courthouse operations for the Oakland, San Jose and Eureka/McKinleyville courthouses will be consolidated and relocated to the San Francisco courthouse until April 7.
The Central District and Eastern District of California are prohibiting anyone who visited China, South Korea, Japan, Italy or Iran in the past two weeks from entering any of their courthouses. The restriction also applies to those who have had close contact with someone who has visited those countries in the past two weeks, those who have tested positive for the coronavirus or have been in contact with someone who has tested positive, those who have been asked to self-quarantine and those experiencing fever, cough or shortness of breath.
The California Supreme Court suspended in-person oral argument sessions until further notice. Counsel will only appear remotely. All oral argument sessions will be held in the court’s San Francisco headquarters courtroom with limited seating. More information on California state court restrictions is available here.
Colorado
In the District of Colorado, all civil and criminal trials set to start from March 27 through May 1 are postponed. All grand jury proceedings are suspended through May 1. Hearings will be held remotely when possible. Only those with official court business are allowed to enter the district’s courthouses and probation offices. Those who have tested positive for the coronavirus or may have been exposed to it are prohibited from entering any courthouse.
In the state court system, all jury calls are suspended through April 3 except those for criminal trials facing imminent speedy trial deadlines.
Connecticut
The District of Connecticut said Wednesday that all civil and criminal jury trials and jury selections scheduled to start before April 10 are postponed until further notice. The courthouses will remain open for all other business. The clerk’s office is closed to the public until further notice, and all manual court filings can be made at a designated box in the entrance lobby of each courthouse.
The court is also prohibiting visitors who have been to China, South Korea, Japan, Italy, Iran, or any locale that is quarantined in the past two weeks. The court specified that those who have visited New Rochelle, New York — other than in a car or train — are also prohibited from visiting courthouses and probation offices.
All scheduled hearings and conferences in the district’s bankruptcy court will be conducted by telephone, unless the matter is withdrawn, resolved, postponed or the court determines the proceeding is not necessary.
In the state court system, all civil and criminal jury trials are suspended. The courts will only schedule and hear certain high-priority matters. The Connecticut Supreme Court postponed oral arguments in cases scheduled to have been heard between March 24 and April 2. The Supreme Court and Appellate Court have suspended the time requirements for all filings until further notice and have requested that no paper briefs be filed until further notice. On March 13, the court ruled that no appellate preargument conferences will be held for the next 30 days.
Delaware
In the District of Delaware, the J. Caleb Boggs U.S. Courthouse and Federal Building in Wilmington is closed until further notice. All civil and criminal jury selections and trials scheduled to begin before April 30 are postponed until further notice. Sitting grand juries are authorized to continue to meet, but no new grand juries will be empaneled before April 30. All changes of plea, sentencings and supervised release violation hearings scheduled before April 30 are postponed unless otherwise ordered by the presiding judge.
Attorneys are asked to inform the appropriate court if they have appeared in court and have since developed symptoms or tested positive for the coronavirus and to inform the courts about any scheduled proceedings that will require the attendance of a person who has tested positive for coronavirus or has been in contact in the past 14 days with a person who has tested positive for coronavirus.
Also, the courts will conduct conferences and hearings by phone when possible and will consider any request to change a scheduled in-person proceeding to a telephone proceeding.
The Delaware Bankruptcy Court has halted all nontime-sensitive proceedings until at least April 15. Unless otherwise ordered by the presiding judge, all court hearings held prior to April 15 will be held via telephone or video conference.
In the Delaware Chancery Court, all hearings and trials will be conducted remotely for 30 days beginning March 16.
The Delaware Supreme Court canceled all in-person oral arguments through May.
All state trial courts will have the discretion to postpone for 30 days both civil and criminal trials and hearings. Proceedings will be conducted by telephone when possible and the court will consider all requests for in-person hearings to be conducted by phone. Attorneys and self-represented parties scheduled for trial must notify the court if the trial will require the attendance of a person who has tested positive for coronavirus or has been in contact in the past 14 days with a person who has tested positive for coronavirus.
Florida
In the Florida Southern District Court, all jury trials scheduled to begin March 16 through March 30 are postponed until further notice. All trial-specific deadlines in criminal cases scheduled to begin before March 30 are also postponed until further notice. All grand jury sessions are postponed until April 27.
Court security officers are screening people who enter the federal courthouse and denying entry to anyone who has recently visited Italy, Iran, South Korea or China. Anyone who resides with or has had recent close contact with someone who has traveled to one of those countries, has been asked to self-quarantine, has tested positive for the coronavirus or had contact with someone tested positive also will not be able to enter any of the federal courthouses in the district.
In the Middle District of Florida, those with symptoms of COVID-19 and those who may have been exposed to the coronavirus are prohibited from entering any courthouse. All jury trials in the Orlando Division scheduled to begin before June 30 are postponed, as are all trial-specific deadlines in criminal cases scheduled to begin before June 30.
In the Northern District of Florida, jury trials and grand jury proceedings have been canceled for the month of March, and naturalization ceremonies have been canceled for the months of March and April. Proceedings will be held remotely when possible.
In the state court system, the Florida Supreme Court ruled that all grand jury proceedings, jury selection proceedings, and criminal and civil jury trials are suspended through April 17. Proceedings that already began may continue if the presiding judge and chief judge determine it is required “by the interests of justice.” All time periods involving the speedy trial procedure in criminal and juvenile court proceedings are suspended through April 20. Time periods for those charged with first-degree murder are suspended through April 17. The chief judges of each state Circuit Court were ordered to cancel or postpone nonessential court proceedings, unless the proceedings can be conducted remotely.
Georgia
The Northern District of Georgia said Wednesday it is denying entry to anyone who has visited China, South Korea, Japan, Italy or Iran in the past two weeks. The restriction also applies to those who have had close contact with someone who has visited those countries in the past 14 days, has tested positive for the coronavirus, been in contact with someone who has tested positive or been asked to self-quarantine by any hospital or health agency. Those denied entry may appear by teleconference with approval of the presiding judge.
In the Middle District of Georgia, no jury trials will be held for 60 days. Grand juries are not affected by the moratorium. All criminal hearings are canceled through May 16 except for certain proceedings, including initial appearances, arraignments and detention hearings. Those who have tested positive for the coronavirus or may have been exposed to the virus are prohibited from entering any courthouse.
In the Southern District of Georgia, only those with official court business will be admitted into the courthouse. Those who have symptoms of COVID-19, have tested positive for the coronavirus or may have been exposed to the virus are prohibited from entering the building. Any jury trials between March 17 and April 17 may be postponed. Grand juries will continue to meet. Criminal matters before magistrate judges will continue to take place as usual.
In the Georgia Supreme Court, filing deadlines are suspended through April 13. After that, attorneys will have the same amount of time to file their documents that they had when the court order went into effect on March 14. The court encourages attorneys to file briefs and other documents where practical, since the court is still working on cases.
The Georgia Supreme Court asked all attorneys, parties and other visitors to stay away from the court if they have a fever or symptoms of respiratory illness or if they have been exposed to anyone tested positive for the coronavirus or has the flu.
Guam
In the District of Guam, all jury selections and trials set to begin before April 26 are postponed until further notice. Criminal matters before the magistrate judge will proceed as usual. All grand jury proceedings are postponed to April 26, but the U.S. attorney may schedule proceedings for emergency or essential matters. All sentencing and revocation hearings scheduled to be heard on or before April 3, and any related deadlines, are postponed until further notice.
The court and the U.S. District Pretrial and Probation Office are closed to the public from March 20 through April 3. All naturalization ceremonies and noncourt-related events scheduled for March and April are canceled. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering the district court.
Hawaii
In the District of Hawaii, all civil and criminal trials scheduled to start between March 17 and May 3 are postponed. All civil hearings, including settlement conferences, scheduled for that time period will either be conducted remotely or taken off the court’s calendar. Nonessential criminal matters will be postponed to a date after May 3, but the court will continue to conduct initial appearances, arraignments, detention hearings and other time-sensitive matters. The court is generally closed to the public, but there is limited seating for in-person hearings, available by request.
The court is prohibiting those who have visited China, Iran, Italy, Japan and South Korea within the past two weeks from entering the courthouse, as well as those who have had contact with someone who has been in those countries, tested positive for the coronavirus, been in contact with someone who has been exposed to the virus or have been asked to self-quarantine.
In the state court system, all ongoing trials will be postponed to a date after April 30, as will civil trials and hearings. Criminal trials, grand jury proceedings and hearings will be postponed to a date after April 30 to the extent possible. In the courts of appeal, all oral arguments scheduled before April 30 will be rescheduled or the matter resolved without oral argument. Those who have symptoms or may have been exposed to the coronavirus are prohibited from entering judiciary facilities.
In the state court system, all in-person appearances for civil and criminal dockets are excused, except for emergency matters, child protection hearings, domestic violence hearings and evidentiary hearings in criminal cases. The state Supreme Court ordered that all civil trials, hearings and motions should be postponed and rescheduled for a later date unless the assigned judge finds the proceedings can be held remotely. Any civil trial or hearing currently in progress shall be postponed or completed at the discretion of the presiding judge.
Idaho
In the District of Idaho, all jury trials scheduled to begin on or before May 11 are postponed until further notice. All grand jury proceedings set to begin before May 11 are suspended. No in-person bankruptcy or civil proceedings will take place until further notice. Various criminal hearings before district judges will be postponed until after May 11, and all preliminary felony and post-conviction proceedings conducted by a magistrate judge will be conducted remotely.
The federal courthouse in Pocatello was closed until April 6 after a person working in the building tested positive for the coronavirus. All in-person evidentiary hearings in civil, criminal and bankruptcy cases scheduled before any judge in the Pocatello courthouse are postponed.
Those with symptoms of COVID-19 and those who may have been exposed to the virus are prohibited from coming to court.
In the state court system, all in-person appearances for civil and criminal dockets are excused, except for emergency matters, child protection hearings, domestic violence hearings and evidentiary hearings in criminal cases. The state Supreme Court ordered that all civil trials, hearings and motions be postponed and rescheduled for a later date unless the assigned judge finds the proceedings can be held remotely. Any civil trial or hearing currently in progress shall be postponed or completed at the discretion of the presiding judge. All criminal jury trials scheduled to be heard from March 26 through April 30 are postponed for at least 30 days.
Illinois
In the Northern District of Illinois, all civil case deadlines are extended by 21 days. Civil case hearings, trials and settlement conferences scheduled from March 17 through April 3 are canceled and will be rescheduled by the presiding judge on or after April 6. All criminal case proceedings in any division that can’t be postponed will be conducted in the Eastern Division by district judges serving in emergency capacity.
The court is still accessible for electronic filing and phone and video conferencing in emergency situations.
The court said on March 12 that all civil jury trials and jury selections scheduled to start before April 3 are postponed until further notice. Second chance reentry court proceedings, veterans treatment court proceedings and non-telephone settlement conferences scheduled before April 3 are also postponed. The courthouses will remain open for all other business, including criminal case proceedings, and grand juries will continue to meet.
The court suspended all mass public gatherings outside of court proceedings at the federal courthouses in Chicago and Rockford, Illinois, and limited deliveries to the court. Judges are encouraged to conduct proceedings by phone or video conference where practicable.
In the Central District of Illinois, all civil and criminal jury trials scheduled to begin before May 18 are postponed and will be rescheduled by the presiding judge. All petty offense proceedings are postponed and will be rescheduled by the presiding judge. All civil hearings, including settlement conferences, should be conducted by telephone or video conference. Criminal sentencing hearings and hearings on the revocation of supervised release are postponed until after May 18. Those who have symptoms or may have been exposed to the virus should contact the court before appearing.
In the Southern District of Illinois, all in-person civil matters are postponed until further notice. All civil case deadlines are extended by 30 days. Grand jury proceedings are unaffected. Only essential in-person criminal matters will occur. Any emergency hearing required before April 7 in a criminal case will be held remotely. Those who have tested positive for the coronavirus or may have been exposed to the virus are prohibited from visiting the courthouse. All scheduled bankruptcy hearings will be held by telephone.
For the Cook County Circuit Court, all matters are postponed for 30 days from their originally scheduled date, but some proceedings will continue, including certain criminal matters, juvenile detention hearings, temporary custody hearings and mental health hearings, among others. Discovery in civil matters will continue, and emergency civil hearings may be conducted in-person or remotely.
Indiana
In the Southern District of Indiana, all jury trials are postponed through May 1. All other civil court proceedings will continue, although they may be done remotely at the judge’s discretion. Naturalization ceremonies through May 1 are canceled. Those with symptoms and those who may have been exposed to the coronavirus are prohibited from visiting courthouses.
The Indianapolis Division, Terre Haute Division and New Albany Division are closed to the public as of March 18.
In the Northern District of Indiana, the Fort Wayne, Hammond, Lafayette and South Bend divisions, as well as the district’s bankruptcy court and probation office, are closed to the public. The court will conduct necessary proceedings remotely as ordered by the presiding judge in each case. Necessary criminal proceedings will continue to be held before magistrate judges unless the parties agree to postpone them. Those proceedings will be conducted remotely as much as possible.
The Indiana Supreme Court has tolled all deadlines for appellate filings through April 6. Various matters in the Circuit, Superior and Municipal courts have been tolled, including all laws and procedures setting time limits for speedy trials in criminal and juvenile proceedings; public health, mental health and appellate matters; judgments and other orders; and statutes of limitation. Those restrictions apply to the Indiana Tax Court as well.
Iowa
In the Northern District of Iowa, those who have tested positive for the coronavirus are prohibited from entering the courthouse, as are those who have been asked to self-quarantine, those experiencing symptoms and those who may have been exposed to the virus.
In the Southern District of Iowa, all civil and criminal jury trials set from March 16 to May 4 are postponed until further notice. Any further grand jury proceedings for the month of March are canceled.
In the state court system, any criminal trial that is not in progress is postponed and will be rescheduled for after April 20. All civil jury trials that haven’t started as of March 13 but were scheduled to begin before May 4 are postponed. All civil bench trials and other hearings set to start before May 4 are postponed until May 4 at the earliest or should be conducted by telephone, at the discretion of the judge. As of March 17, statutes of limitation for filing an action in district court are extended by 48 days.
The Iowa Supreme Court ordered that attorneys and parties notify their opposing counsel and appropriate clerk of court’s office if they suspect a participant in any proceeding has an elevated risk of transmitting the novel coronavirus. No one who has an elevated risk can attend any state court proceeding in person without court authorization. Attorneys must also ask their clients and witnesses whether they have an elevated risk of transmission, the order said.
Potential state court jurors must notify the jury manager if they have an elevated risk of transmitting coronavirus, and the jury manager must reschedule them to a new service term. The court said it will also promptly consider requests from parties to change in-person proceedings to remote proceedings.
Kansas
In the District of Kansas, all criminal cases and matters scheduled for nonemergency hearings are postponed until further notice. Grand jury proceedings are postponed for at least 30 days. Those who have tested positive for the coronavirus, have symptoms or were potentially exposed to the virus are prohibited from coming to court.
In the state court system, all civil and criminal jury trials scheduled to begin on or after March 18 are postponed until further notice. Trials in progress as of March 18 may continue to conclusion at the discretion of the presiding judge. All district and appellate courts will be restricted to emergency operations until further notice.
Kentucky
In the Eastern District of Kentucky, civil and criminal trials scheduled to begin on or before May 1 are postponed for at least 30 days. Grand jury proceedings will continue.
All currently scheduled hearings in criminal cases and in-person hearings in civil cases scheduled on or before May 1 are postponed, with some exceptions for emergency matters. All hearings in emergency matters will be conducted remotely “absent exceptional circumstances,” according to a district order.
In the Western District of Kentucky, civil and criminal trials scheduled to begin before April 17 are postponed for at least 30 days. All trials in progress will be completed at the discretion of the presiding judge. With certain exceptions, grand jury proceedings are also postponed.
In the state court system, all in-person appearances for civil and criminal dockets are canceled through April 24 except for emergency and time-sensitive matters. All scheduled civil trials, hearings and motions are postponed, and any civil trial or hearing currently in progress will be postponed or completed at the discretion of the presiding judge.
Louisiana
In the Eastern District of Louisiana, all civil and criminal bench and jury trials are postponed until May 1 and will be rescheduled by each presiding judge. The postponements do not include deadlines other than the trial dates. Civil and criminal in-person hearings scheduled before May 1 are postponed. All grand jury proceedings are suspended until May 1. The clerk’s office will not accept sealed paper documents for filing through May 1. All noncase-specific events, including naturalization ceremonies, scheduled before May 1 are canceled and will be rescheduled later.
The court is prohibiting those who have traveled to China, South Korea, Japan, Iran or Italy in the past two weeks from entering the New Orleans courthouse. The restriction also applies to those who have had close contact with someone who recently traveled to those countries, those who have tested positive for the coronavirus, those who have come into contact with someone who has tested positive, those who have been asked to self-quarantine and those with symptoms of COVID-19.
In the Middle District of Louisiana, all criminal and civil trials are postponed until at least May 1. All in-person civil hearings scheduled through April 10 are postponed and will be rescheduled by the presiding judge. All grand jury proceedings are postponed until further notice. Criminal matters before magistrate judges will take place remotely or in-person. Rearraignments and sentencing hearings scheduled before April 10 are postponed. Statute of limitations deadlines are interrupted until April 13. No in-person filings will be accepted before April 13. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from the courthouses.
In the Western District of Louisiana, all jury trials set to begin before May 1 are postponed and will be rescheduled by each presiding judge. Grand jury proceedings will continue. Judges may hold in-person hearings, and parties are encouraged to participate in nonsentencing hearings remotely. Noncase-related events scheduled through May 1, including naturalization ceremonies, are canceled. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from courthouses.
Public access to the Louisiana Western District Clerk of Court Offices in the Alexandria, Lafayette, Lake Charles, Monroe and Shreveport divisions is suspended. Any court filings may be time-stamped and placed in the drop box located in each division.
For state courts, all legal deadlines are suspended until at least April 13. All jury trials scheduled to start before April 13 are postponed until at least April 14. All civil trials, hearings and court appearances scheduled before April 13 are postponed, except for certain emergency proceedings. Essential court functions will be conducted remotely when possible.
Maine
In the District of Maine, all jury selections and jury trials set to begin before any district or magistrate judge are postponed until further notice. All grand jury proceedings are also postponed until further notice.
Public access to scheduled hearings will be permitted only with the prior permission of the presiding judge. The clerk’s office will be open by appointment only. In-person court proceedings are limited to, among other things, certain criminal matters; the issuance of search warrants; motions seeking immediate, emergency relief; and essential administrative functions.
In the state court system, the courts will schedule and hear only certain proceedings, including arraignments and first appearances of defendants held in custody; requests and hearings related to protection from abuse; child protection petitions and hearings; and hearings granted on motion. Other proceedings will not be scheduled or heard before May 1, and all previously scheduled cases are postponed.
Maryland
The District of Maryland has postponed until further notice all civil and criminal jury selections scheduled to begin before April 24. All nonemergency proceedings are postponed through April 24, and all filing deadlines between March 16 and April 24 are extended by six weeks. The court will remain open for emergency criminal, civil, and bankruptcy matters related to public safety, public health and welfare, and individual liberty. All misdemeanor, traffic and petty offense proceedings scheduled through May 31 are postponed until further notice.
As of March 31, all in-court proceedings will be heard on Mondays, Wednesdays or Fridays unless a presiding judge orders otherwise. Emergency proceedings may be heard on Tuesdays or Thursdays when necessary.
As of March 27, the requirement to deliver paper courtesy copies to the clerk’s office is temporarily suspended, unless otherwise ordered by a presiding judge.
All in-court proceedings in the Southern Division U.S. Courthouse in Greenbelt, Maryland, are suspended until further notice. All emergency matters in the Southern Division will be heard in the U.S. Courthouse in Baltimore.
Courthouse access is limited to litigants with scheduled proceedings, counsel, investigators or employees of counsel and credentialed press. The court is also prohibiting those who have visited China, Iran, Italy, Japan, South Korea, Egypt, Washington State and New Rochelle, New York, within the past two weeks from entering the courthouse, as well as those who have had contact with someone who has been in those areas, tested positive for the coronavirus, been in contact with someone who has tested positive or have been asked to self-quarantine.
On the state side, the Court of Appeals has ordered that all courts in the Maryland Judiciary, court offices, administrative offices, units of the judiciary, and clerk’s offices of the Circuit Courts are closed to the public on an emergency basis, effective March 16. Certain matters scheduled to be heard between March 16 through April 3 are postponed until further notice.
Massachusetts
The Massachusetts District Court announced that while the courthouses in Boston, Worcester and Springfield will remain open, all jury trials scheduled to begin before April 27 are postponed until further notice.
The court said that while trial-specific deadlines before April 27 in criminal cases are also postponed, judges can delay trial-specific deadlines for civil cases at their own discretion. Individual judges can continue to hold hearings, conferences and bench trials if they want, but the court is encouraging them to do so by telephone or video conference.
The court will continue to hold criminal proceedings involving personal liberty or public safety issues. Other criminal proceedings will be postponed 60 days as of March 16 with exceptions for certain proceedings, including initial appearances, detention hearings and arraignments. Those proceedings may be conducted remotely when feasible. Pretrial deadlines are also extended by 60 days. Grand jury proceedings are postponed until April 27.
The court is prohibiting visitors who recently traveled to China, Italy, Japan, Iran and South Korea from entering any courthouse or probation office in the district. Those who have had close contact with someone who visited those countries — as well as those who have symptoms of COVID-19, have tested positive for the virus or have been instructed by a doctor to self-quarantine — are also prohibited from visiting.
In the state court system, the only in-person proceedings that will be held in state courthouses through at least April 6 are emergency matters that can’t be handled remotely. Only essential parties can enter courthouses, and only up to three members of the news media will be allowed in for an emergency in-person proceeding. All civil and criminal jury and bench trials scheduled to begin before April 17 are postponed until at least April 21, unless the proceeding is a civil bench trial that can be conducted remotely. All statutes of limitation are tolled through April 21. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any state courthouse.
The state appeals court has ordered that all cases scheduled for oral argument during the remainder of March will be held by telephone.
Michigan
The Eastern District of Michigan is prohibiting people who have visited China, South Korea, Italy and Iran in the last two weeks from entering any district courthouse until further notice. All civil and criminal matters scheduled for in-person appearances are postponed until further notice, as are grand jury proceedings. Case-by-case exceptions to postponements may be ordered for nonjury matters. Criminal matters before magistrate judges will continue to take place as usual.
The Theodore Levin U.S. Courthouse in Detroit closed to the public on March 25, and will remain closed to the public until the building owner can clean the courthouse according to federal guidelines. The district announced on March 27 that 10 court security officers showed COVID-19 symptoms, four were hospitalized, and two tested positive for the virus.
In the Western District of Michigan, judges will handle matters remotely as much as possible. All facilities in the district are closed to public access through April 13, except for the Ford Building in Grand Rapids and the Marquette Facility. Those facilities will be open by appointment only.
The district is also prohibiting: those who have had close contact with someone who has visited those four countries, have recently traveled to U.S. areas with widespread community transmission of the coronavirus, have been asked to self-quarantine, have tested positive for the virus or who exhibit the symptoms of COVID-19.
In the state court system, trial courts are limiting courtroom access to no more than 10 people at a time, including staff. The courts are practicing social distancing and limiting court activity to essential functions. All criminal jury trials are adjourned until after April 3. Most civil and business court matters, including trials, will be conducted remotely or adjourned until after April 3.
Minnesota
All criminal and grand jury proceedings are postponed until April 16. All jury trials are postponed through April 27, as are trial-specific deadlines. The clerk’s office intake desks will not accept cash payments, and the requirement that the filing party provide courtesy copies to the judge hearing the motion is suspended through April 27. The clerk’s office intake desks in Minneapolis, St. Paul, Duluth and Fergus Falls are closed to the public until further notice.
Video conferencing and telephone conferencing are allowed for several types of proceedings, including detention hearings, initial appearances, arraignments, felony pleas and felony sentencings.
The District of Minnesota is prohibiting those who have visited China, Iran, Italy and South Korea within the past two weeks from entering the courthouse, as well as those who have had contact with someone who has been in those countries, tested positive for the coronavirus, been in contact with someone who has tested positive or been asked to self-quarantine.
In the state court system, appellate courts can grant extensions for deadlines to initiate appeals or requests for review up to 30 days. The appellate courts may determine for any case that oral argument is unnecessary. In district courts, trials that have started as of March 13 will continue unless there is a need to suspend them. No new jury trials will begin before April 22 or until further order of the Minnesota Supreme Court. Public access to courtrooms will be limited.
Mississippi
In the Northern District of Mississippi, all proceedings should be conducted remotely where possible. For petty offenses, the hearing dates set to address misdemeanor citations in April and May will be continued until June and July, respectively. The cases set for the March hearing date will be disposed of at the discretion of the presiding judge. Public access to courthouses is limited to essential business.
In the Southern District of Mississippi, all nonessential matters set for hearing or trial through March 31 are postponed until further notice. Those who have symptoms or have tested positive for the coronavirus must notify the judge and counsel involved if they intend to come to court.
In the state court system, courts are limiting in-person contact through remote proceedings. When remote proceedings are not feasible, the court will conduct certain in-person proceedings, including jury trials currently in progress, emergency child protection matters, and other emergency and time-sensitive matters. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering state courts.
Missouri
In the Eastern District of Missouri, all civil and criminal jury trials scheduled to begin before May 31 are postponed. Proceedings should be held remotely where possible. In-person proceedings that a presiding judge determines are nonessential will be postponed until further notice. Naturalizations are postponed through April 6.
Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from visiting any courthouse. All requirements related to in-person participation in alternative dispute resolution are suspended until May 31.
In the Western District of Missouri, all civil and criminal jury trials and grand juries are postponed through March 29, and trial-specific deadlines are postponed through the same date. All nonemergency criminal and civil hearings are postponed through March 29. Criminal matters before magistrate judges will continue to take place. Bankruptcy hearings and trials through March 29 will be held remotely or postponed.
In the state court system, all in-person proceedings are suspended through April 17, except for certain emergency and essential proceedings. Judges in each Circuit and appellate court will determine how the in-person proceedings are carried out.
Montana
In the District of Montana, all jury trials set to begin on or before May 1 are vacated, to be reset by order of the presiding judge. The order does not vacate any pending deadlines other than trial dates and final pretrial conferences. Grand jury proceedings are also vacated through May 1. Individual judges may hold nontrial proceedings in-person or remotely at their discretion. Group tours, attorney admission ceremonies and naturalization ceremonies are canceled through May 1. Continuance of creditors meetings in bankruptcy court will be suspended through April 16. Section 341 meetings will be postponed or conducted remotely. The court will not accept cash payments until further notice.
In the state court system, the Montana Supreme Court recommended that judges in district courts, the Montana Water Court and courts of limited jurisdiction reset civil jury matters through April 30 at the earliest. Judges should conduct necessary matters remotely whenever possible, the Supreme Court recommended. Priority must be given to necessary work in criminal matters, requests for orders of protection, and child abuse and neglect proceedings, the court said.
Nebraska
All jury trials set to begin in March are postponed until further notice, as are all grand jury proceedings scheduled for the month of March. The District of Nebraska has ordered that those who have recently visited China, South Korea, Japan, Italy or Iran should not attend in-person proceedings without court authorization.
The restriction also applies to those who have had contact with someone who has been in those countries, have tested positive for the coronavirus, been in contact with someone who has tested positive, have been asked to self-quarantine or exhibit symptoms of an infectious respiratory illness.
Nevada
In the District of Nevada, all trials and their associated deadlines are postponed until April 10. All noncase events are postponed. Naturalization ceremonies through March are postponed. The court is trying to conduct hearings remotely whenever possible. The clerk’s office is closed to the public as of March 20, but all filing deadlines are still in effect unless otherwise ordered by the presiding judge.
Those who have tested positive for the coronavirus, may have been exposed to it or show symptoms of COVID-19 are prohibited from visiting any courthouse.
In the district’s bankruptcy court, all hearings will be conducted remotely.
In the state court system, the Nevada Supreme Court and appellate courts have postponed all oral arguments until further notice.
New Hampshire
The New Hampshire District Court has postponed all civil and criminal jury trials scheduled to begin before May 1 and all grand jury proceedings scheduled before May 1. All criminal hearings scheduled before April 13 are postponed. All civil hearings and conferences scheduled to occur after March 20 will be conducted remotely. The court will conduct in-person hearings at the Rudman Courthouse in Concord on Tuesdays and Thursdays, with certain restrictions regarding the number of people who can be in a courtroom.
The court has also canceled all naturalization events that were scheduled before May 1.
Prospective jurors experiencing any flu-like symptoms, coughing, sneezing or fever should contact the district court before appearing. The court said it will make reasonable accommodations and reschedule appearances and hearings as needed.
In the state court system, all in-person proceedings in the Circuit, Superior and Supreme courts are suspended through April 6. Exceptions include certain emergency and essential proceedings.
New Jersey
For the New Jersey District Court, all civil and criminal jury selections and trials scheduled to begin before April 30 are postponed until further notice. Judges can continue to hold proceedings at their discretion and are encouraged to conduct proceedings remotely. No new grand juries will be empaneled before April 30, but sitting grand juries may continue to meet. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any district courthouse.
Both district courthouses in Newark were closed from March 26 through April 6 after several employees tested positive for the coronavirus. No one is permitted to enter the buildings during the closure except for authorized cleaning staff.
For New Jersey state courts, new jury trials are suspended until further notice. Proceedings will be conducted remotely where possible. Time constraints for discovery will be relaxed and extended from March 16 through March 30. Pending motions will be subject to telephone conferencing as of March 18. All municipal court sessions are suspended through March 27.
Schedules for nonjury proceedings such as landlord-tenant and small claims hearings will be staggered to prevent large groups of people from gathering in a confined area. Out-of-state travel has been suspended for staffers, and nonessential court events like student tours have been canceled.
New Mexico
The District of New Mexico postponed all civil and criminal jury trials set to begin on or before April 10 until further notice. It also postponed all trial-specific deadlines in criminal cases scheduled to begin before April 10. All grand jury proceedings are postponed until further notice.
In the state court system, no more than 15 people will be allowed in each courtroom. Judges must conduct civil and criminal proceedings remotely except when an emergency requires an in-person appearance. Civil and criminal jury trials that have not started yet are suspended, and payment deadlines for fines and fees between March 19 and May 29 are extended by 30 days.
New York
The Southern District of New York has postponed until further notice all civil and criminal jury trials that were scheduled to begin before April 27. While case-related activities and naturalizations will continue, other noncase activities such as Continuing Legal Education events and school visits are canceled until further notice. All bankruptcy hearings and conferences scheduled to be held in the courthouses of the Manhattan Division, White Plains Division and Poughkeepsie Division of the bankruptcy court will be conducted by telephone unless the presiding judge decides otherwise.
The court urges= counsel to check individual judges’ webpages for possible orders, including orders extending time in civil matters and adjourning conferences.
The Thurgood Marshall Courthouse in Manhattan is closed for all district activities, except grand jury matters, through at least April 11. The Daniel Patrick Moynihan Courthouse in Manhattan is open only for certain urgent matters.
The Southern District is prohibiting those who have visited China, Italy, Iran, Japan or South Korea along with a slew of European countries, according to signs posted at courthouse entrances on March 12. The Eruropean countries are Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Vatican City, Iceland, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Sweden, Switzerland, San Marino and Spain.
The court is also barring those with a fever, cough or shortness of breath, and the executive office in that district will not be issuing new attorney service passes until further notice. Access to courthouses is restricted to certain groups, including those with official court business, courthouse employees, certain contractors, mail carriers, law enforcement, credentialed press, family members of criminal defendants and jurors in ongoing trials.
In bankruptcy court, debtors with Chapter 13 cases before Chief Judge Cecelia G. Morris and Judge Sean H. Lane are waived from in-person court appearances. Attorneys and unrepresented debtors who are showing signs of illness must adjourn their cases. The contact for Judge Morris is Vanessa Ashmeade, (845) 451-6367. The contact for Judge Lane is Arturo Tavarez at (914) 467-7094.
The Eastern District of New York has postponed until further notice all civil and criminal jury trials that were scheduled to begin before April 27. All naturalization ceremonies are suspended for 45 days, as of March 16. All petty offense proceedings scheduled to begin before April 27 are postponed until further notice. In-person attorney admission ceremonies at all courthouses are suspended until further notice. For all criminal matters that had preliminary hearings before magistrate judges scheduled for March 18 through April 27, preliminary hearing deadlines are extended 60 days after the initial appearance.
The district is allowing video or telephone conferencing for several types of proceedings, including detention hearings, initial appearances and arraignments.
Access to court buildings is restricted to “those whose presence is essential,” according to an order. The court is prohibiting those who have traveled to China, Italy, Iran, Japan or South Korea and a slew of European countries in the past two weeks. Also prohibited are those who have come into close contact with anyone who has traveled to those countries within the past two weeks, have been asked to self-quarantine, tested positive for the coronavirus or have come into contact with someone who has tested positive.
In the Northern District of New York, all civil and criminal jury selections and trials — including for grand juries — scheduled to begin through April 30 are postponed until further notice. Other criminal matters before magistrate judges will continue to take place as usual. All mass public gatherings, including naturalization ceremonies, are suspended. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse.
In the Western District of New York, all civil jury trials and grand jury selections are postponed for 60 days as of March 16. The court encouraged judges to reduce personal appearances for all other proceedings as much as they can. No naturalization ceremonies will be conducted for 60 days as of March 16. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse.
For state courts, new civil and criminal jury trials will be suspended starting on March 16. Jury selection will also be halted, and grand juries will not be empaneled “absent exceptional circumstances,” although current grand juries will remain on duty along with some trial jurors. An executive order from Gov. Andrew Cuomo tolled all proceeding deadlines through April 19. No nonessential filings, paper or electronic, will be accepted by the courts until further notice. New York City Criminal Court will start holding proceedings through videoconferencing on March 25 and New York City Family Court will start holding remote proceedings on March 26.
New York state announced on March 11 that it is prohibiting anyone who has traveled to China, South Korea, Japan, Italy or Iran in the past 14 days from its 350 state-run courthouses.
Also banned from state courts are people who live with or have come into close contact with anyone who has been in one of those countries during that period, been asked to self-quarantine, and those who have either tested positive for the coronavirus or come into contact with someone who has tested positive.
The U.S. Court of International Trade in Manhattan is prohibiting entry to those who have visited China, Italy, Iran or South Korea in the past two weeks, as well as those who have been asked to self-quarantine. The restriction also applies to those who have tested positive for the coronavirus or have come into close contact with someone who has tested positive. The court is allowing teleconferencing and video conferencing with the approval of a presiding judge.
North Carolina
In the Eastern District of North Carolina, all civil and criminal jury trials set to begin on or before May 1 are postponed until further notice. All other hearings are subject to the presiding judge’s discretion. Grand jury proceedings will continue as usual, until further notice. Parties are encouraged to participate in proceedings remotely. Noncase events scheduled before May 1 are canceled. Those who have tested positive for the coronavirus, have symptoms of COVID-19 or may have been exposed to the virus are prohibited from visiting any courthouse without permission from the chief judge.
In the Middle District of North Carolina, all civil trials scheduled to begin before April 16 are postponed until further notice. All criminal cases are postponed to a date on or after April 16. Grand jury proceedings scheduled for March are canceled. Only those with official business are permitted to enter the district’s courthouses unless they have prior permission from the chief judge. Those who have tested positive for the coronavirus, have symptoms, or may have been exposed to the virus are prohibited from visiting any courthouse without permission from the chief judge.
In the Western District of North Carolina, judges are staggering their hearings, and hearings will be held in the largest courtroom available. Nonevidentiary hearings should be conducted remotely where possible.
In the state court system, the filing deadlines for documents previously due between March 16 and April 17 are extended to the end of the day on April 17. The order does not apply to the appellate courts. All civil and criminal District and Superior Court matters are postponed unless they are essential for constitutional or public safety reasons.
North Dakota
In the District of North Dakota, all jury trials scheduled before April 10 are postponed, as are trial-specific deadlines. Trial-specific deadlines in civil cases remain but may be postponed by individual judges. Criminal matters before magistrate judges will take place as usual. Grand jury proceedings scheduled through April 21 are postponed.
The North Dakota Supreme Court suspended all state jury trials until after April 24, but state courts are holding nonjury proceedings to the extent possible.
Northern Mariana Islands
In the District of the Northern Mariana Islands, all scheduled civil and criminal jury selections and trials are postponed until further notice. All grand jury proceedings are postponed unless otherwise ordered by the chief judge. The schedule for all other civil and criminal hearings will be determined on a case-by-case basis by the presiding judge. All noncase proceedings, including naturalization ceremonies, are postponed. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering the courthouse.
Ohio
In the Southern District of Ohio, certain in-court proceedings will continue but on a limited basis. The court will not have additional jury trials for 30 days beginning March 17. Proceedings that don’t require in-person meetings will continue at the discretion of each judge. Naturalization ceremonies are postponed until at least April 13.
In the Northern District of Ohio, all civil jury trials, reentry court proceedings and petty offense proceedings scheduled to begin before May 1 are postponed until further notice. Criminal trials will not proceed unless absolutely necessary, and grand juries will not meet unless absolutely necessary. Judges may conduct pretrial proceedings remotely where practical. All mass public gatherings, including naturalization ceremonies, are suspended until at least May 1. All courthouses in the district are closed to the public until May 1. Cash payments will not be accepted in the court until May 1.
The Ohio Supreme Court has provided guidance for state courts, including waiving appearances for pretrial hearings and using video conferencing or other technology to conduct proceedings including arraignments, hearings, pretrial hearings and probation meetings.
Oklahoma
In the Northern District of Oklahoma, all civil and criminal matters scheduled for in-court appearances are postponed until further notice, as are their related deadlines. All grand jury proceedings are postponed until further notice. Case-by-case exceptions to nonjury matters may be ordered. Civil and criminal motions that can be resolved without oral argument are unaffected.
In the Western District of Oklahoma, jury trials on the April docket are postponed. The presiding judge will address trial-related deadlines. Three grand jury sessions scheduled for March and April are canceled.
In the Eastern District of Oklahoma, all jury trials, grand jury sessions and naturalization ceremonies scheduled to start on or before April 17 in the Ed Edmondson Federal Courthouse in Muskogee are postponed. Those who have COVID-19 symptoms, have tested positive for the coronavirus or may have been exposed to the virus are prohibited from entering the courthouse.
On the state side, the Oklahoma Supreme Court and Court of Criminal Appeals ordered on March 16 that all state courts cancel all jury terms for 30 days and release jurors from service. All deadlines in any civil, criminal and juvenile cases are also suspended for 30 days. The statute of limitations is extended by 30 days in all civil cases, and judges will handle emergency matters and required proceedings on a case-by-case basis. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courtroom or other facility used by the state courts.
Oregon
In the District of Oregon, civil and criminal jury selections and trials scheduled to begin before April 26 are postponed until further notice. All grand jury proceedings scheduled before that date are postponed. All other civil and criminal matters scheduled for an in-court appearance before April 26 are postponed unless they can be resolved remotely or without oral argument. The District Clerk’s Office is closed to the public in all locations but available by phone. Filings will be processed electronically and by mail.
In the state court system, trials and hearings scheduled to start between March 19 and March 27 are postponed, with limited exceptions. The Oregon Court of Appeals has canceled oral arguments scheduled between March 17 and March 27. Trial courts throughout the state are reducing the number of people summoned as jurors. Potential jurors who are in high-risk categories for severe illness can contact the court to reschedule their jury service.
Pennsylvania
In the Eastern District of Pennsylvania, all civil and criminal jury trials and grand jury selections are postponed until April 13.
In the Western District of Pennsylvania, all civil and criminal jury trials and grand jury selections are postponed until April 26.
In the Middle District of Pennsylvania, all hearings and proceedings in civil and criminal cases are postponed for 60 days as of March 13, with exceptions for certain individual cases.
The Supreme Court of Pennsylvania ordered all trial and intermediate appellate courts, with exceptions for certain essential functions, to close their doors entirely through April 3 at the earliest. The state Supreme Court’s argument session scheduled for April 20 through April 22 is canceled, and cases listed for that session will be decided on the briefs.
Puerto Rico
In the District of Puerto Rico, all civil and criminal nonjury trials, hearings and conferences are postponed until further notice, but certain ongoing trials will continue. Grand jury proceedings will continue as scheduled. All deadlines set from March 16 through April 9 are extended until April 10.
The bankruptcy court will not be open to the public through March 30. All hearings scheduled from March 16 through March 30 are postponed and will be rescheduled individually.
Rhode Island
In the District of Rhode Island, the courthouse building at One Exchange Terrace, Providence, is closed to the public until further notice. The court operations in the John O. Pastore Building in Providence will be closed Tuesdays and Thursdays and will be open for limited purposes only on Mondays, Wednesdays and Fridays. The presiding judge’s case manager will cancel all in-person civil matters and arrange remote hearings where possible. All grand jury proceedings and ongoing criminal hearings are postponed unless the person’s liberty interests are involved.
Those who are required to appear in Rhode Island’s district court, including those who are called as jurors, must contact the court before appearing if they are experiencing any flu-like symptoms. Those who have traveled to China, Italy, Iran and South Korea in the past two weeks are prohibited from entering the courthouse, as are those who may have been exposed to the virus.
In the state court system, all Superior Court jury trials are postponed until after April 17. All Superior Court grand jury proceedings are suspended until after April 17. All other matters in the state courts are postponed until after April 17 except for emergency and essential matters. All payment dates and filing deadlines are extended for 30 days as of March 17. The courts will entertain requests for extensions to statutes of limitation after the 30 days if they arise from the current health crisis.
South Carolina
In the District of South Carolina, all civil and criminal jury selections and trials scheduled to start through May 8 are postponed until further notice. All grand jury proceedings scheduled through May 8 are postponed unless otherwise noted by the chief judge. In all civil cases, deadlines are extended 21 days, but statutes of limitation are not tolled. All other civil and criminal matters scheduled for an in-court appearance before May 8 and their associated deadlines are postponed, unless the matter can be resolved remotely.
In the state court system, all oral arguments scheduled before appellate courts as of March 20 are canceled until further notice. Parties do not need to file additional document copies with the South Carolina Supreme Court or the Court of Appeals. In the Circuit Courts, only emergency hearings shall be held at the discretion of each chief administrative judge. All jury trials are postponed, and all large gatherings are canceled until further notice. Hearings that can be held by video may be held remotely.
South Dakota
In the District of South Dakota, all civil and criminal jury trials scheduled to begin on or before April 24 are postponed until further notice. Nonjury matters will proceed as scheduled unless otherwise ordered by the presiding judge, and parties are encouraged to participate remotely where possible. All grand jury proceedings scheduled before April 24 are postponed until further notice.
The South Dakota Supreme Court declared a judicial emergency and authorized the presiding judges of the state’s seven judicial circuits to adopt rules and orders regarding court operations. Each circuit put forward policies to address requests from high-risk individuals to be excused from in-person court appearances.
Tennessee
In the Eastern District of Tennessee, civil and criminal jury trials set to begin on or before April 24 are postponed. Cases not scheduled for a trial will proceed as scheduled, but oral proceedings will be conducted remotely where possible. Grand jury proceedings in Greeneville and Chattanooga are suspended through April 24. All misdemeanor, petty offense and traffic dockets scheduled through April 24 are postponed. Tours and naturalization ceremonies are canceled until further notice.
In the Western District of Tennessee, all civil judicial proceedings currently scheduled are postponed until after April 17. Criminal proceedings that don’t require in-person appearances are postponed until after April 17. All civil and criminal jury selections and trials scheduled to begin on or before April 17 are postponed until further notice. All grand juries already selected will not meet until after April 17. The federal courthouse at 111 S. Highland Ave. in Jackson is closed to the public until further notice.
The Middle District of Tennessee has postponed civil and criminal jury selections that were scheduled to begin March 17 through March 30. All grand jury proceedings scheduled to take place between March 17 and April 30 are postponed, as are related deadlines.
Tennessee’s state and local courts have suspended all in-person proceedings from the close of business on March 13 through April 30, with certain exceptions including: bond-related matters for criminal defendants, plea agreements for incarcerated people, civil and criminal jury trials that are in progress as of March 13, and proceedings related to relief from abuse, emergency child custody orders, petitions for temporary injunctive relief, emergency mental health orders, emergency protection of elderly or vulnerable people and proceedings related to COVID-19.
Deadlines — including statutes of limitations, orders of protection and temporary injunctions — that are set to expire between March 13 and May 5 are extended through May 6.
Texas
The Northern District of Texas has postponed all civil and criminal bench and jury trials scheduled to begin through May 1 until further notice. The postponement does not include other deadlines besides the trial date. All grand jury proceedings through May 1 are postponed, and all deadlines, including the statute of limitations, are suspended through May 1. Public tours and naturalization ceremonies scheduled through May 1 are canceled and will be rescheduled later.
The Southern District of Texas said Thursday that it is suspending all jury trials until April 1. The federal courthouse in Houston will remain open for other matters, including matters scheduled for hearing in bankruptcy court, the district said.
In the Eastern District Court, attorneys and parties were ordered to communicate if court proceedings could cause someone to come into contact with an individual exposed to or infected with the virus.
The Western District of Texas postponed all civil and criminal bench and jury trials scheduled to begin before May 1. Each presiding judge will reset those dates, and the postponement does not apply to any pending deadlines other than the trial dates. Grand jury matters will proceed normally. Parties are encouraged to participate in nonsentencing proceedings by telephone or video. Other matters such as tours and naturalization ceremonies that were scheduled to take place before May 1 are canceled.
The Western District of Texas postponed scheduled proceedings in all civil and criminal bench and jury trials set to begin before May 1, with the exception of pleas, sentencings, criminal matters before magistrate judges and the issuance of warrants. All deadlines in a scheduling order, besides the trial date, remain in effect unless modified by the assigned judge. Parties are encouraged to participate in nonsentencing proceedings by telephone or video. Other matters such as tours and naturalization ceremonies that were scheduled to take place before May 1 are canceled.
On the state side, the Texas Supreme Court issued guidance Thursday calling on courts to suspend proceedings or schedule them to avoid gatherings of large groups of people until at least April 1, including jury trials and large docket calls. It is encouraging courts to implement remote appearances by phone or video for all proceedings that may occur remotely.
The Harris County Civil District Court, serving the Houston area, has suspended civil jury trials for the rest of March and has suspended criminal jury trials through March 20.
Dallas County has canceled all jury trials through May 8.
Collin County District Courts are rescheduling all nonessential court matters from March 16 to April 1. All in-person hearings and trials will be rescheduled during this time, unless designated as “essential,” a list that includes temporary restraining orders, temporary injunctions and any suits or hearings with jurisdictional deadlines. Attorneys must contact each court regarding each setting. No uncontested matters will be heard. The courts are developing a plan for electronic appearances.
U.S. Virgin Islands
In the District of the Virgin Islands, all civil and criminal jury and bench trials scheduled from March 18 through April 16 are postponed until further notice. Sitting grand juries are not authorized to meet before April 16, and no new grand juries will be empaneled during that time. The 30-day time period for filing an indictment is tolled through April 16. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from visiting the courthouses.
The Supreme Court of the Virgin Islands ordered that all nonessential functions of the judicial branch be suspended until further notice. In the Supreme Court, deadlines in appeals pending as of March 20 are extendedeither by 14 days or to April 27, whichever is longer. Deadlines in original proceedings, such as for mandamus or other writs, are still in effect unless the presiding judge has ordered otherwise. The time to file a notice of appeal or other initiating document is tolled through April 26, and the period from March 23 through April 26 is excluded from the 120-day period for the Superior Court to rule on post-judgment motions.
In the Superior Court, all deadlines in cases pending as of March 20 are extended either by 14 days or to April 27, whichever is longer. All previously scheduled depositions may occur as scheduled, and new depositions may be scheduled, but parties are encouraged to agree to postpone depositions if possible.
Utah
In the District of Utah, all civil and criminal jury trials scheduled to begin before May 1 are postponed until further notice. All trial-related deadlines in criminal trials scheduled to begin before May 1 are postponed until further notice, but criminal trials already underway as of March 16 will continue. Judges can postpone trial-related deadlines in civil cases at their discretion. All grand jury proceedings are suspended through May 1.
All currently scheduled hearings in criminal cases are postponed, but the assigned judge in each case may proceed with the hearings remotely.
In the state court system, those with symptoms of COVID-19 and those who may have been exposed to the coronavirus are not allowed to enter any courthouse. The Utah Supreme Court directed state court judges to grant motions for extensions of time liberally. Hearings will be conducted remotely or on the papers, “absent exigent circumstances,” according to the state Supreme Court’s order. District Court and Justice Court judges were directed to suspend all criminal and civil jury trials until after June 1.
Vermont
In the District of Vermont, all civil and criminal matters scheduled for in-person court appearances are postponed until further notice. The court’s order does not affect motions that can be resolved remotely or without oral argument. All grand jury proceedings are postponed until April 23.
In the state court system, all nonemergency superior court hearings, including jury trials, are postponed until at least April 15. The courts will only schedule and hear certain emergency matters. Parties may participate in nonevidentiary proceedings remotely.
Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering state courthouses.
Virginia
In the Eastern District of Virginia, all civil and criminal proceedings scheduled to occur through March 31 are postponed and will be rescheduled for a later date. The grand jury is not meeting, but the district is permitted to seek documents and testimony for return dates after March 31. All filing deadlines between March 17 and March 31 are extended by two weeks unless otherwise ordered by the presiding judge. The court’s order does not apply to the statute of limitations.
The Eastern District of Virginia has postponed all naturalization ceremonies for the remainder of March and has suspended all noncase-related events, tours and other gatherings in the courthouses.
In the Western District of Virginia, all in-person civil, criminal and bankruptcy proceedings scheduled on or before May 1 are postponed and will be rescheduled at a later date. All civil and criminal jury trials scheduled on or before May 1 are postponed and will be rescheduled. All misdemeanor, traffic and petty offense dockets on or before May 1 are postponed, and all Veterans Treatment Court, Reentry Court and Drug Treatment Court sessions on or before May 1 are canceled. Grand jury proceedings scheduled on or before April 17 are postponed.
In the state court system, the Virginia Supreme Court and Rose Lafoon Building in Richmond are closed to the public until further notice. All filings related to appeals to the Court of Appeals that are filed in a Circuit Court are extended by 21 days, as of March 16. The Court of Appeals will conduct remote arguments at least through June 30.
Washington
In the Western District of Washington, all civil and criminal hearings and trial dates scheduled to occur before June 1 are postponed until further notice. Individual judges may decide to proceed with remote conferences as appropriate. All grand jury proceedings scheduled before June 1 are postponed. All initial criminal appearances and detention hearings will be conducted remotely with the defendant’s permission, unless the court directs otherwise. The bankruptcy court will continue with scheduled nonevidentiary hearings by telephone as posted on www.wawb.uscourts.gov and announced by the individual bankruptcy judge.
In the Eastern District of Washington, all in-court hearings in civil and criminal cases scheduled through April 14 are vacated until further notice, and case-related deadlines are suspended. All grand jury sessions before April 13 are vacated. Magistrate judges can evaluate their essential proceedings on a case-by-case basis. Naturalization ceremonies have been canceled through April 30.
In the state court system, all civil jury trials are suspended until after April 24. Trials already in session may proceed or may be postponed to a later date at the discretion of the judge or by agreement of the parties. All nonemergency civil matters are postponed until after April 24, and emergency matters must be held remotely, if possible. All criminal jury trials are postponed until after April 24. Criminal trials already in session with sworn juries may proceed if public health measures are strictly observed, but may be postponed if the defendant agrees to do so.
Washington, D.C.
All federal civil and criminal jury trials in D.C. federal courts have been put off starting March 17 until at least May 11, while other proceedings are postponed until April 17. Federal trial and bankruptcy courts in D.C. will remain open with limited operations.
The D.C. Superior Court has postponed citation arraignments scheduled for March 17 through April 15 for eight weeks from their originally scheduled date. New jury trials in criminal cases are postponed until at least March 30. The court will hear only emergency matters in the civil, family court, probate and tax divisions and auditor master. In general, all other matters are postponed.
The D.C. Court of Appeals has canceled all oral arguments scheduled through March 31. Filing deadlines on or after March 16 are also being delayed until March 31.
The U.S. Tax Court building is closed until further notice, and various trial sessions through March and April have been canceled.
West Virginia
In the Northern District of West Virginia, those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse.
In the Southern District of West Virginia, all civil and criminal jury trials and grand jury proceedings are postponed until further notice. Those who tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse.
In the state court system, all proceedings and judicial deadlines through April 10 are stayed, except for certain emergency proceedings. Deadlines set to expire before then, including statutes of limitation, are extended to April 11. Proceedings previously scheduled between March 23 and April 10 are postponed and will be rescheduled by the presiding judge. Emergency proceedings should be conducted remotely when possible
Wisconsin
In the Eastern District of Wisconsin, all civil and criminal jury trials scheduled to begin before May 1 are postponed and will be rescheduled for a later date. All petty offense, reentry court and grand jury proceedings are also postponed. Civil hearings should be conducted remotely. Naturalization ceremonies scheduled before May 1 are canceled. Those who are experiencing COVID-19 symptoms or may have come into contact with the virus are prohibited from visiting any courthouse.
In the Western District of Wisconsin, the Kastenmeier Courthouse in Madison will remain open and proceedings will go on as scheduled. Those who feel ill should stay away from the courthouse.
In the state court system, all civil and criminal jury trials scheduled to begin on or before May 22 are postponed and will be rescheduled by the presiding judges. All in-person proceedings in appellate and Circuit courts, with certain exceptions, are suspended through April 30.
Wyoming
In the District of Wyoming, judges are conducting matters remotely where possible. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus — including those who have recently visited Iran, China, South Korea or a host of European countries — are prohibited from entering the courthouse.
In the state court system, all District and Circuit courts have suspended in-person proceedings, with certain exceptions. The Wyoming Supreme Court ordered that all civil trials in state courts be rescheduled and that the courts make reasonable attempts to reschedule criminal trials. The Wyoming Supreme Court building in Cheyenne is closed to the public. The rules requiring paper copies of documents that can be filed electronically are suspended in the Wyoming Supreme Court.
IMMIGRATION COURTS
The U.S. Department of Justice’s Executive Office for Immigration Review has postponed all immigration court hearings for immigrants who aren’t in detention through May 1, although hearings on the docket for detainees are continuing.
Four courts in Miami, San Francisco, Kentucky and New Jersey were fully closed as of April 1.
Filings intended for Miami’s Krome center and San Francisco’s Montgomery St. court can be submitted to other courts in those cities. Filings for the Elizabeth, New Jersey, court can be sent to the Newark court.
The Louisville, Kentucky, immigration court has been closed since August for reasons unrelated to the virus, but filers can submit to the Memphis, Tennessee, immigration court.
Filings in closed courts may also be submitted by email, EOIR announced on March 31.
These 20 courts are fully open: Adelanto, California; Baltimore; Batavia, New York; Conroe, Texas; Eloy, Arizona, El Paso, Texas, Service Processing Center; Falls Church, Virginia, Immigration Adjudication Center; Fishkill, New York; Florence, Arizona; Fort Worth, Texas; LaSalle, Louisiana; Oakdale, Louisiana; Otay Mesa, California; Otera, New Mexico; Pearsall, Texas; Port Isabel, Texas; Stewart, Georgia; Tacoma, Washington; Ulster, New York; and York, Pennsylvania.
The remainder of immigration courts have been kept partially open, and in some cases reopened, for the limited purpose of accepting filings, and if applicable, holding hearings for detained immigrants.
U.S. PATENT AND TRADEMARK OFFICE
All examiner and examining attorney interviews, Patent Trial and Appeal Board and Trademark Trial and Appeal Board oral hearings and other similar in-person meetings scheduled to take place at USPTO offices on or after March 13 will be conducted remotely by video or telephone until further notice.
INTERNATIONAL COURTS
European Court of Justice & General Court of the European Union
Both the ECJ and the General Court have partially closed their doors. The courts will hear only urgent matters until further notice. All other cases already scheduled until March 27 at the ECJ and April 3 at the General Court will be heard at a later date. The filing deadlines for all cases will not change. The ECJ has also advised staff not to go into the court buildings from March 16 to 27 unless it is necessary for a specific case.
–Additional reporting by Stewart Bishop, Dorothy Atkins, Suzanne Monyak, Matt Chiappardi and Melissa Lipman. Editing by Jill Coffey.
Recent Case Law May Change the Relationship Between Hospitals and Physicians Forever!
No, this is not a Shakespearean blog post. The Hamlet in this case is not the Prince of Denmark; it is a hospital system who hired a doctor, Dr. Hernandez as an independent contractor and whose private practice flopped. When the hospital at which he had privileges refused to hire him as an employee, Hernandez sued Hamlet under the False Claims Act (FCA) and Unfair Trade Practices- AND WON!!
Relationships between hospitals and physicians may forever be changed.
In an October 2018 decision, Hamlet H.M.A., LLC V. Hernandez, the NC Court of Appeals ruled that a hospital can be liable to a physician for Unfair and Deceptive Trade Practices (UDTP) – causing a new level of care to be needed in negotiations between hospitals and physicians.
Dr. Hernandez accepted a position with Sandhills Regional Medical Center. The original offer was for Dr. Hernandez to set up his own independent practice and to be an independent contractor for the hospital. The offer guaranteed a minimum collection amount for the first 18 months of the 36-month contract. The base salary was $325,000, with a bonus based on worked RVUs. Dr. Hernandez countered and asked to be considered as an employee instead of as an independent contractor. Sandhills sent an email offering a base salary of $275,000 as an employee. As any reasonable, logical person would do, Dr. Hernandez responded with an email stating that it would be irrational to accept a base salary so much lower in order to obtain employee status. The hospital offered an “employee status option” at the end of 18 months.
Dr. Hernandez then sent Sandhills an email asking to extend the time period of guaranteed income to 24 months, rather than 18 months. Plaintiff replied that it could not extend the period of guaranteed income, but raised the monthly salary from $47,616.82 to $49,500.00 and also added a signing bonus of $30,000.00. After further negotiations, the parties entered into a Physician Recruitment Agreement on March 9, 2011.
Dr. Hernandez’s private practice flopped, and at the end of the first 18-month period, he requested to exercise the employment option in his contract and to become an employee of Sandhills. But Sandhills did not give Dr. Hernandez an employment contract.
On August 29, 2014, Sandhills filed a complaint against Dr. Hernandez alleging breach of contract and demanding repayment of the entire amount paid to Dr. Hernandez, a total of 21 payments amounting to $902,259.66. Dr. Hernandez filed an answer with counterclaims for breach of contract, fraud, unfair or deceptive trade practices, and unjust enrichment. A jury trial was held in Superior Court in Richmond County at the end of August and the beginning of September 2016. The jury returned a verdict for Sandhills for $334,341.14 (a random number).
Dr. Hernandez countered sued the hospital for Unfair and Deceptive Trade Practices (UDTP) alleging that the hospital fraudulently induced him to enter into the contract with the hospital as an independent contractor. His allegations that the hospital violated UDTP because the hospital offered a lower salary to be considered an employee was shocking and unprecedented. Most likely, Sandhills never even contemplated that it could be held liable under UDTP because of a disparity in salary offered to Dr. Hernandez depending on his employment status. Most likely, the man or woman who sent the email to Dr. Hernandez with the disparate salaries never asked its general counsel whether the action could penalize the hospital. Who would have thought to?
One exception to UDTP is the “learned profession” exception. Basically, the courts have held that if the two parties to an agreement are learned professionals and the topic of the contract has to do with the parties’ speciality; i.e, medicine, in this case, then the parties cannot allege UDTP because both parties were knowledgeable. The issue of first impression presented by Hamlet is whether the “learned profession” exception set forth in N.C. Gen. Stat. § 75-1.1(b) applies to a dispute between a physician and a hospital relating to alleged false claims made by the hospital to induce the physician to enter into an employment contract. If the learned profession exception were to apply, then Dr. Hernandez’s UDTP claim against Sandhill would be dismissed.
Dr. Hernandez alleged that the hospital made false representations to induce him to enter into a contract. The Court held that the fact that he is a physician does not change the nature of the negotiation of a business contract. The Court found that the “learned profession” exception does not apply to any negotiation just because the two parties are physicians. For example, if a physician and a hospital were to contract to buy a beach house, then the exception would not apply because the nature of the contract (were something go awry and cause an UDTP lawsuit) because buying a beach house has nothing to do with being a physician or hospital. Similarly, here, the Court held that an employment contract had nothing to do with rendering medicine. Therefore, the exception did not apply. The Court of Appeals reversed the trial court’s directed verdict against Dr. Hernandez.
This decision definitely creates more tension between hospitals and physicians. Now, in negotiations with employees and independent contractors, hospitals need to be mindful that UDTP claims can be alleged against them. This case is recent precedent for an unfamiliar modern world of health care negotiations.
