On March 23, 2020, the Maryland Secretary of Health issued an Order and Directive (the “Directive”) that addresses a number of different health care issues for the prevention and control of COVID-19. One area addressed is the postponement of elective surgery. The Directive orders all Maryland licensed hospitals, ambulatory surgery centers and other licensed health care facilities to cease all elective and non-urgent medical procedures effective as of 5 p.m. on Tuesday, March 24, 2020, and to not permit any such procedures for the duration of the catastrophic health emergency. Health care providers are instructed to only perform medical procedures that are critically necessary for the maintenance of health for a patient.

The Department of Health has issued the attached flow chart to assist medical providers in determining whether a procedure should be performed.  In addition, the Centers for Medicare & Medicaid Services (CMS) has issued its own recommendations on elective surgeries.

Health care facilities and providers should take these guidelines into consideration when determining whether a planned surgery should proceed.

Lisa Keenan is a lawyer in Miles & Stockbridge’s Health Care Practice and a member of the Coronavirus Task Force, a cross-disciplinary team that can quickly and efficiently deploy talent from relevant practices to address concerns and issues in real time.

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