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Ebola Legal Resource
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What should a hospital do if a patient refuses treatment from a nurse of West African descent due to the patient's fear of Ebola?
By Mark Peters, Chen Ni | Posted On: 2014‑11‑05
Recent reports of patients in long-term care facilities refusing treatment by nurses who are, or appear to be, of African descent based upon those patients' "fear" of Ebola have placed this issue back in the spotlight in recent weeks.
Waller | category: Labor & Employment
Charitable Contributions in the Fight Against Ebola
By Leigh Griffith, Jon Gaston | Posted On: 2014‑10‑28
As Ebola appears poised to spread across the globe, many companies and individuals may wish to donate cash, securities, or tangible personal property to assist in the effort to stop the epidemic for worsening and/or to assist those individuals infected with Ebola, the families of such individuals, and/or the healthcare workers battling the virus on the front line.
Waller | category: Compliance & Operations
FAQs on Environmental / Health & Safety Issues
By Ed Callaway, Rebecca Pritchett, Lauran Sturm | Posted On: 2014‑10‑27
Waller | category: Compliance & Operations
Office for Civil Rights Issues Guidance on HIPAA Privacy in Emergency Situations
By n/a | Posted On: 2014‑11‑12
In light of the Ebola outbreak and other events, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), has issued a bulletin to ensure that HIPAA covered entities and their business associates are aware of the ways in which patient information may be shared under the HIPAA Privacy Rule in an emergency situation.
External | category: external
Ebola: Managing Your Health Care Workforce
By n/a | Posted On: 2014‑11‑12
Mark Peters, a partner in Waller's Labor and Employment practice, will be discussing the legal ramifications of a potential Ebola outbreak and best practices from the employer's perspective at this AHLA webinar on November 19, 2014.
Waller | category: external
Ebola: Managing Your Health Care Workforce
By n/a | Posted On: 2014‑11‑12
Mark Peters, a partner in Waller's Labor and Employment practice, will be discussing the legal ramifications of a potential Ebola outbreak and best practices from the employer's perspective at this AHLA webinar on Wednesday, November 19, 2014.
| category: external
Emory Shares Ebola Preparedness Protocols
By Emory Healthcare | Posted On: 2014‑10‑28
Amber Vinson was discharged today from Emory University Hospital in Atlanta. Ms. Vinson was one of two nurses infected while treating Ebola patient Thomas Eric Duncan in Dallas. Emory Healthcare has made its Ebola preparedness protocols available to the public on the health system's website.
Emory Healthcare | category: external
Interim U.S. Guidance for Monitoring and Movement of Persons with Potential Ebola Virus Exposure
By CDC | Posted On: 2014‑10‑28
The Centers for Disease Control announced new monitoring guidelines for individuals arriving from West Africa.
Center for Disease Control and Prevention | category: external
The Role of Electronic Health Records in the Ebola Scare
By Steve Blumenthal | Posted On: 2014‑10‑27
HIStalk said "doctors whose offices are near the hospital are having up to 60 percent of their appointments cancelled as patients refuse to get close to hospital property, treating it as though it were Chernobyl instead of the building that previously housed a contagiously sick patient as it does 365 days per year."
Waller | category: Compliance & Operations
Ebola Vaccines and Therapies: A Primer
By Hunter Rost, Lanta Wang | Posted On: 2014‑10‑27
Ebola is a rare hemorrhagic fever disease caused by infection with one of the Ebolavirus strains (there are currently five known species of this virus). At this time, there are no vaccines or drugs that have been approved by the U.S. Food and Drug Administration (FDA) to prevent or treat Ebola in humans.
Waller | category: Compliance & Operations
UPDATE - Can we discipline employees who falsely claim or suggest that they have been exposed to Ebola?
By Waverly Crenshaw | Posted On: 2014‑10‑23
Update to the FAQs on Employee Discipline post
Waller | category: Labor & Employment
Can an Epidemic Make Contractual Obligations Impracticable? The Potential Viability of Ebola-Related Defenses to Contract Enforcement
By Mike Fant, Chris Driskill | Posted On: 2014‑10‑23
What happens when a party to a contract asserts an inability to perform based on circumstances beyond its control? An Ebola outbreak, or even a single case, could make it difficult for healthcare providers to meet contractual obligations.
Waller | category: Litigation
Ebola Fears Offer Opportunities to Build Trust
By James Weaver, Nicole Cottrill (guest author) | Posted On: 2014‑10‑23
Ebola has arrived in the United States. Not so much as the long-dreaded pandemic, but as a perception of vulnerability and unpreparedness that incubates a real sense of fear among the our citizens generally, and healthcare professionals specifically.
Waller | category: Compliance & Operations
Economic and Insurance Risk Considerations for Hospitals and Healthcare Providers in Dealing with Ebola - Part One
By Robb Harvey, Neil Krugman, Mark Bell | Posted On: 2014‑10‑22
...hospitals and other medical facilities are facing a series of economic challenges - from educating personnel, to training staff, to alerting emergency personnel coming into contact with potential Ebola patients, to setting up quarantine units, to dealing with an occasional scare to, in the rare instance, actually dealing with a case of Ebola.
Waller | category: Insurance
Large US Business Insurer Begins Excluding Coverage for Ebola Related Claims
By Mike Fant | Posted On: 2014‑10‑22
In what may be the first of many similar moves to come, a large United States insurer - based in Zurich, Switzerland - has informed its customers that it has started restricting coverage for claims related to the outbreak and spread of Ebola.
Waller | category: Insurance
CDC Announces Active Post-Arrival Monitoring for Travelers from Impacted Countries
By CDC | Posted On: 2014‑10‑22
The Centers for Disease Control and Prevention (CDC) announced that public health authorities will begin active post-arrival monitoring of travelers whose travel originates in Liberia, Sierra Leone, or Guinea.
Centers for Disease Control and Prevention | category: external
UPDATE - Handling Employees Who Voluntarily Travel to West Africa
By Mark Peters | Posted On: 2014‑10‑21
Update to the Americans with Disabilities Act post
Waller | category: Labor & Employment
Tightened Guidance for U.S. Healthcare Workers on Personal Protective Equipment for Ebola
By CDC Newsroom | Posted On: 2014‑10‑21
The Centers for Disease Control and Prevention (CDC) is tightening previous infection control guidance for healthcare workers caring for patients with Ebola, to ensure there is no ambiguity.
Centers for Disease Control and Prevention | category: external
The Role of Healthcare Employers during the Ebola Crisis
By Mark Peters | Posted On: 2014‑10‑21
...the reality is that healthcare employees are currently the most likely to be exposed to the disease in the United States.
Waller | category: Labor & Employment
Can the Federal Government Impose Quarantines and Isolation?
By Bill Athanas, Charles Prueter (guest author) | Posted On: 2014‑10‑20
If, however, Ebola becomes a pandemic, it is possible that concerns associated with quarantining and isolating patients would arise. Here we explore the federal government's ability to impose quarantines and isolation, particularly in the face of an Ebola outbreak.
Waller | category: Litigation
FAQs on Occupational Safety and Health Administration
By Brian Pierce | Posted On: 2014‑10‑20
Waller | category: Labor & Employment
Americans with Disabilities Act
By Chen Ni | Posted On: 2014‑10‑20
The Americans with Disabilities Act (ADA) prohibits employment discrimination against individuals with disabilities, and employers could be exposed to claims of disability discrimination if they require employees to take leave because of a perceived risk of having contracted Ebola, i.e., limited contact with infected individuals, or travel to West Africa.
Waller | category: Labor & Employment
Family and Medical Leave Act
By Mark Peters, Chen Ni | Posted On: 2014‑10‑20
The federal Family and Medical Leave Act (FMLA) entitles eligible employees to take unpaid, job-protected leave "to care for the employee's spouse, child, or parent who has a serious health condition."
Waller | category: Labor & Employment
FAQs on Employee Discipline
By Waverly Crenshaw | Posted On: 2014‑10‑20
Waller | category: Labor & Employment
FAQs on Discrimination and Harassment
By Jeb Gerth | Posted On: 2014‑10‑20
Waller | category: Labor & Employment
Patient Privacy Concerns
By Michelle Marsh, Colbey Reagan, Fletcher Brown | Posted On: 2014‑10‑20
We've received a number of questions from our hospital clients about the operational impact of the arrival of Ebola in the United States. In general, hospitals must continue to follow the same rules and regulations. However, there is one area that is certainly worth discussing and that is patient privacy.
Waller | category: Compliance & Operations
Workers' Compensation for those Who Contracted Ebola
By Mark Peters, Chen Ni | Posted On: 2014‑10‑20
...non-healthcare employees who are infected by a co-worker may have a more difficult time establishing eligibility for workers’ compensation benefits even though the illness occurred at the workplace and during work hours because Ebola is not “peculiar” to the non-healthcare occupation.
Waller | category: Labor & Employment
How to Work with and Respond to Unions
By Jeb Gerth | Posted On: 2014‑10‑20
Unions -- in particular the National Nurses United in the wake of recent events at Texas Presbyterian Hospital in Dallas -- have been vocal about the importance of protecting workers from exposure to Ebola.
Waller | category: Labor & Employment
Ebola: Legal implications for hospitals, healthcare workers
By Ilene MacDonald | Posted On: 2014‑10‑20
One thing is clear: The Centers for Disease Control and Prevention (CDC) and Texas Health Presbyterian Hospital in Dallas made serious mistakes in the way they handled the first confirmed case of Ebola.
Fierce Healthcare | category: external
Ebola Brings HIPAA to the Forefront
By Joyce Frieden | Posted On: 2014‑10‑20
When does the safety of many trump the privacy of one? That is the challenge to the Health Insurance Portability and Accountability Act (HIPAA) in the age of Ebola.
Medpage Today | category: external
Employers confront Ebola concerns in workplaces
By Charisse Jones | Posted On: 2014‑10‑20
With a second U.S.-based health care worker diagnosed with Ebola on Wednesday, businesses are grappling with how to manage workplace concerns about the virus.
USA Today | category: external
Employers Scramble to Address Ebola Concerns
By Amy Langfield | Posted On: 2014‑10‑20
It's no longer just hospitals and health care companies that are worrying about whether their workers may have been exposed to Ebola.
NBC News | category: external
Ebola and the Law: What You Need to Know
By n/a | Posted On: 2014‑10‑20
A Webinar Co-Sponsored by The Network for Public Health Law, CDC's Public Health Law Program and the American Health Lawyers Association
The Network for Public Health Law | category: external
The Texas law that could make it hard for Ebola patients to sue
By Jason Millman | Posted On: 2014‑10‑20
There's a lot of angst over the apparent missteps in handling the care of Thomas Eric Duncan, the Liberian man who was the first patient diagnosed with Ebola in the United States.
The Washington Post | category: external
You have questions? We have answers!

Waller has launched this comprehensive online resource to help companies navigate the diverse issues pertaining to the arrival of the Ebola virus in the United States. Through this site, we will serve as a go-to source of information for executives and board members who are asking what Ebola means for their organizations. Preparation in this situation means everything. We will update this site with new content and information as Ebola’s impact continues to be analyzed and studied. The Ebola Legal Resource contains information for healthcare organizations as well as for employers outside the healthcare industry. To filter the website for your specific interests, please click on the link above to switch between content for healthcare providers and non-healthcare employers.
Links To Relevant Agencies

American Academy of Pediatrics
An organization of 62,000 pediatricians committed to the optimal physical, mental, and social health and well-being for all infants, children, adolescents, and young adults.
Ebola Outbreak [American Academy of Pediatrics]
Ebola Preparedness Resources
American Hospital Association (AHA) advisory page
Centers for Disease Control and Prevention
Information and training for the health care community to ensure that all health care workers (including hospital workers, physician groups, and emergency medical technicians) are able to detect and respond to the Ebola virus, as well as protect themselves and others from it.
Hospital Checklist for Ebola Preparedness [CDC]
Department of Transportation (DOT)
Federal Aviation Administration
Infectious Diseases Society of America (IDSA)
Occupational Safety & Health Administration
Employer Steps to Protect Workers [IDSA]
U.S. Department of Health & Human Services
World Health Organization (WHO)
CMS Survey & Certification Letter