As a result of the Covid-19 Pandemic and subsequent business closures across the country, many business owners and companies are looking to their property insurance policies for relief. Insurance companies are telling them that the losses are not covered.

Business interruption insurance typically helps replace lost revenue, taxes, payroll, relocations costs, loan payments and lease payments when a business is affected by a covered loss. According to the Insurance Information Institute, approximately one-third of U.S. small businesses carry interruption coverage. https://money.usnews.com/money/personal-finance/saving-and-budgeting/articles/what-is-business-interruption-insurance.

Multiple lawsuits have been filed around the country in response to these claim denials. https://www.sandiegouniontribune.com/business/story/2020-04-05/companies-thought-they-were-covered-for-business-interruption-insurance-not-really

Some state legislators and lawmakers have sought to ease the burden on small businesses and ensure that they are getting the coverage they paid for. Here in California, 33 Congressional Delegation Members have sent a letter to the California Insurance Commissioner demanding that they “exercise all authority to ensure the insurance companies comply with their business interruption policies. During this crisis, we must do everything possible to mitigate the devastating impact on small businesses due to the coronavirus pandemic.” https://www.natlawreview.com/article/33-members-california-congressional-delegation-ask-ca-insurance-commissioner-to. According to the California Insurance Commissioner Ricardo Lara, the Insurance Commission is “currently working with the insurance industry and business groups to find creative solutions during this unprecedented crisis to make sure our businesses survive, and we need this data to define the size of the problem.”

If you have experienced a business interruption due to Covid19, you may be entitled to assistance.

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Hospitals across the country are discussing the possibility of universal do-not resuscitate orders for coronavirus patients. According to an article in the Washington Post, hospitals are facing the reality of balancing the risk to hospital staff posed by resuscitating infected patients and attempting life-saving treatment. https://www.washingtonpost.com/health/2020/03/25/coronavirus-patients-do-not-resucitate/. According to the article, ‘[s]everal large hospital systems … are looking at guidelines that would allow doctors to override the wishes of the coronavirus patient or family members on a case-by-case basis due to the risk to doctors and nurses, or a shortage of protective equipment, say ethicists and doctors involved in those conversations. But they would stop short of imposing a do-not-resuscitate order on every coronavirus patient.”

These conversations are happening in the context of a larger discussion about the availability of resources such as hospital beds, intensive care unit beds, and ventilators in the face of rising demand as the Covid-19 pandemic continues to spread. Hospitals are also struggling to provide necessary protective equipment to nurses and doctors providing lifesaving care to these critically ill patients. “[A]s cases mount amid a national shortage of personal protective equipment, or PPE, hospitals are beginning to implement emergency measures that will either minimize, modify or completely stop the use of certain procedures on patients with covid-19.” https://www.washingtonpost.com/health/2020/03/25/coronavirus-patients-do-not-resucitate/

These news stories have caused many families to consider whether they should have advanced directives in place.

La Crosse, Wisconsin, a town with about 50,000 people, has some interesting lessons we can learn about the benefits of making informed decisions about our end-of-life care. Several decades ago, public health officials and major health organizations began developing a model for end-of-life planning and decision making. By 2009, 96 percent of the residents in La Crosse County had an advanced directive in place. This public policy initiative has benefited families and patients in many ways. Families are relieved from some of the emotional and financial stress that comes along with end-of-life care. https://www.forbes.com/sites/offwhitepapers/2014/09/23/how-to-die-in-america-welcome-to-la-crosse/#70188126e8c6.

“There is no more gut-wrenching decision to make for family members than when to let go allowing a loved one to end life peacefully. Knowing in advance the patient’s desires can relieve anxiety and grief by ‘following their final wishes.’” https://www.forbes.com/sites/offwhitepapers/2014/09/23/how-to-die-in-america-welcome-to-la-crosse/#70188126e8c6.

These are important decisions that every individual and family must consider. You have a choice to make informed decisions about the care that you receive and plan in advance.

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In light of the recent COVID-19 crisis, California Advocates for Nursing Home Reform (CANHR) is demanding new directives to keep residents safe.

The CDC has issued updated guidance to all nursing homes in an attempt to prevent the spread of COVID-19 in nursing homes. These measures include:  restricting all visitation except compassionate care situations; restricting all volunteers and non-essential healthcare personnel; canceling all group activities and communal dining; and active screening of residents and healthcare providers.    https://www.cdc.gov/coronavirus/2019-ncov/healthcare-facilities/prevent-spread-in-long-term-care-facilities.html

Here in California, the restrictions are being extended to state nursing home surveyors who normally provide oversight to detect “life-threatening infection control problems” and understaffing.  CANHR is calling for the California Department of Public Health take action to protect nursing home residents when they need it the most.

  • Reassigning nurse evaluators to monitor nursing homes onsite throughout the state until the crisis passes;
  • Closely monitoring nursing home staffing levels on a daily basis;
  • Issuing a moratorium on involuntary transfers and discharges of residents;
  • Ensuring nursing homes provide meaningful, frequent, and safe opportunities for residents to maintain contact with loved ones remotely until visitation is restored.

CANHR has a website specifically dedicated to provider alerts, news and resources regarding the COVID-19 Crisis as it relates to nursing homes. http://canhrcovidnews.com/ If you believe a loved one has been injured through neglect or abuse at a nursing home or residential care facility for the elderly, contact our offices at (619)238-8700.

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