617.482.8200

Our Firm

Conn Kavanaugh is a Boston law firm that represents individuals and organizations ranging from closely held and family businesses to Fortune 100 companies. Since our founding in 1988, clients have relied on us for practical and realistic strategies to resolve legal issues quickly and effectively, both in and out of the courthouse.

Leadership

Conn Kavanaugh attorneys hold leadership positions in many community and bar organizations, publish articles and speak at continuing legal education seminars. The Supreme Judicial Court of Massachusetts appointed one of our founding partners to the Massachusetts Board of Bar Overseers (BBO), the official body that investigates and evaluates complaints against lawyers. Several other firm attorneys are hearing officers for the BBO.

Pro Bono Services

Our attorneys provide pro bono legal services in collaboration with a number of nonprofit organizations, including the Legal Food Hub, Massachusetts Advocates for Children, the Women's Bar Foundation, the Victim Rights Law Center, Volunteer Lawyers Project, Health Law Advocates and Discovering Justice.

Awards

  • 2015: Conn Kavanaugh has received a First Tier ranking in Boston for Employment Litigation by U.S. News – Best Lawyers® “Best Law Firms” for 2015.
  • 2015: Four Conn Kavanaugh attorneys were listed in The Best Lawyers in America © 2015.
  • 2014: The publishers of Boston Magazine selected 16 Conn Kavanaugh attorneys as Massachusetts Super Lawyers. The publication also placed members of our team on its lists of Top 100 Massachusetts Lawyers, Top 100 New England Lawyers, Top 50 Massachusetts Women Lawyers, Top 50 New England Women Lawyers, and Massachusetts Rising Stars.
  • 2014: The American Bar Association's Tort Trial & Insurance Section honored one of our partners with the Edmund S. Muskie Pro Bono Service Award. 
  • 2013: Law & Politics selected 12 Conn Kavanaugh attorneys as Massachusetts Super Lawyers. The publication also placed members of our team on its lists of Top 100 Massachusetts Lawyers, Top 50 Massachusetts Women Lawyers, and Massachusetts Rising Stars.
  • 2013: The Massachusetts Defense Lawyers Association (MDLA) honored one of our partners with the Defense Lawyer of the Year award.

Why Choose Conn Kavanaugh

Boston is home to dozens of excellent law firms. Why should you turn to Conn Kavanaugh for assistance with your legal needs?

Accessibility

Conn Kavanaugh offers a level of accessibility and responsive, attentive service that larger firms cannot match. Maintaining close contact and open communication with clients really matters here. We believe in listening to clients and advising them in specific terms to solve their legal challenges. And we aim to develop an ongoing relationship of trust and confidence with clients, becoming part of their team.

Specialized Expertise

We deliver many of the benefits you might associate with a larger firm — for example, breadth and depth of expertise. Each of our attorneys focuses on a select number of practice areas. Collectively, they give our firm the highly specialized expertise necessary to address wide-ranging client needs.

Transactional Experience

Our business attorneys have decades of experience negotiating deals for acquiring and selling companies through mergers, consolidations and asset and stock transactions. We are strong advocates and skilled negotiators. In addition, we bring considerable value to our clients in getting deals done efficiently and effectively while never losing sight of the importance of identifying and managing risk.

Litigation Experience

The Conn Kavanaugh team includes seasoned former prosecutors and a strong, deep bench of attorneys with civil and criminal trial experience, which equips us to solve complex litigation cases for clients. Some of our attorneys are fellows in the American College of Trial Lawyers, the nation's premier professional trial organization.

Cost-efficiency

One reason so many of our clients choose us is that we staff our cases leanly and charge reasonable fees. In addition, we provide practical and realistic strategies to resolve legal issues quickly and effectively, within budgetary constraints.

Please call us today at 617.482.8200 to learn more about what sets Conn Kavanaugh apart.

Search our Attorneys

    A B C D E F G H I J K L M N O P Q R S T U V W X Y Z View All

    Business Litigation

    Our Business Litigation practice group offers the experience of seasoned lawyers who recognize the value of solving problems to promote your business success.

    Read More...

    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Andrew R. Dennington
    Andrew Dennington
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Kurt B. Fliegauf
    Kurt Fliegauf
    Thomas J. Gallitano
    Thomas Gallitano
    Erin K. Higgins
    Erin Higgins
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Julie  Martin
    Julie Martin
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'Neal
    Kathleen R. O'Toole
    Kathleen O'Toole
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi
    Conor  Slattery
    Conor Slattery
    Carol A. Starkey
    Carol Starkey
    Christopher K. Sweeney
    Christopher Sweeney
    Alexis P. Theriault
    Alexis Theriault
    James Gray  Wagner
    James Gray Wagner

    Complex Tort Defense

    Since its founding in 1988, a staple of Conn Kavanaugh’s practice has been the defense of business entities in serious and complex personal injury or property damage actions.

    Read More...

    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Daniel R. Fishman
    Daniel Fishman
    Erin K. Higgins
    Erin Higgins
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Johanna L. Matloff
    Johanna Matloff
    Kathleen R. O'Toole
    Kathleen O'Toole
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi
    Alexis P. Theriault
    Alexis Theriault
    James Gray  Wagner
    James Gray Wagner

    Construction

    Whether you are the owner, design professional, general contractor, project administrator, subcontractor, or supplier on a construction project, our Construction practice will assist you in achieving a successful project outcome.

    Read More...

    Russell F. Conn
    Russell Conn
    Daniel R. Fishman
    Daniel Fishman
    James B. Peloquin
    James Peloquin
    Christopher K. Sweeney
    Christopher Sweeney
    James Gray  Wagner
    James Gray Wagner

    Corporate / Transactional

    Our Corporate/Transactional practice has a broad range of skills. This versatility allows them to remain a principal point of contact with our business clients and to move freely across multiple disciplines to ensure continuity of representation.

    Read More...

    Barry E. Gold
    Barry Gold
    Gregory J. Murphy
    Gregory Murphy
    Bob B. Rosenthal
    Bob Rosenthal
    Neil R. Schauer
    Neil Schauer

    Criminal / White Collar / Regulatory

    We have extensive experience advising businesses and individuals who are the subject of criminal or regulatory investigations or proceedings.

    Read More...

    Thomas J. Gallitano
    Thomas Gallitano
    Thomas E. Peisch
    Thomas Peisch
    Carol A. Starkey
    Carol Starkey
    Glen A. Tagliamonte
    Glen Tagliamonte
    Kirsten Z. Young
    Kirsten Young

    Employment Litigation / Counseling

    Employers and employees alike look to Conn Kavanaugh’s employment lawyers for advice in navigating the increasingly complex web of state and federal statutes,

    Read More...

    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Andrew R. Dennington
    Andrew Dennington
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Thomas J. Gallitano
    Thomas Gallitano
    Barry E. Gold
    Barry Gold
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Johanna L. Matloff
    Johanna Matloff
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'Neal
    Kathleen R. O'Toole
    Kathleen O'Toole
    Michael J. Rossi
    Michael Rossi
    Conor  Slattery
    Conor Slattery
    Carol A. Starkey
    Carol Starkey
    Alexis P. Theriault
    Alexis Theriault

    Estate Planning / Administration

    Our Estate Planning attorneys help individuals and their families plan for the future and protect their assets. We handle all aspects of estate planning.

    Read More...

    George M. Ford
    George Ford
    Sheila B. Giglio
    Sheila Giglio
    Gregory J. Murphy
    Gregory Murphy
    Neil R. Schauer
    Neil Schauer
    Kirsten Z. Young
    Kirsten Young

    Family Law / Probate Litigation

    Our experienced Family Law/Probate Litigation attorneys work zealously to ensure rightful asset distributions in these emotionally charged proceedings. Our group handles a wide range of areas including prenuptial agreements, custody disputes, and post-divorce support or estate modifications.

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    Steven O. Anderson-Garrison
    Steven Anderson-Garrison
    George M. Ford
    George Ford
    Sheila B. Giglio
    Sheila Giglio
    Laurel K.  Koes
    Laurel K. Koes
    Christina  Pashou
    Christina Pashou
    James Gray  Wagner
    James Gray Wagner
    Kirsten Z. Young
    Kirsten Young
    Lindsay  Zelek-Thompson
    Lindsay Zelek-Thompson

    Insurance Litigation

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    Russell F. Conn
    Russell Conn
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Kurt B. Fliegauf
    Kurt Fliegauf
    Erin K. Higgins
    Erin Higgins
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Johanna L. Matloff
    Johanna Matloff
    Thomas E. Peisch
    Thomas Peisch

    Land Use / Real Estate Litigation

    Our Land Use/Real Estate Litigation practice has extensive experience in handling real estate disputes of all kinds and at all levels. We can develop a strategy for your dispute.

    Read More...

    Andrew R. Dennington
    Andrew Dennington
    George M. Ford
    George Ford
    James B. Peloquin
    James Peloquin
    Conor  Slattery
    Conor Slattery
    Christopher K. Sweeney
    Christopher Sweeney
    James Gray  Wagner
    James Gray Wagner

    Mediation / Arbitration

    Having litigated hundreds of cases, the Mediation/Arbitration practice is well-equipped to effectively value cases to resolve disputes according to your needs and goals.

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    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin

    Product Liability

    Conn Kavanaugh’s lawyers regularly represent manufacturers, distributors, and retailers in defending against product liability claims.

    Read More...

    Russell F. Conn
    Russell Conn
    Daniel R. Fishman
    Daniel Fishman
    Erin K. Higgins
    Erin Higgins
    Johanna L. Matloff
    Johanna Matloff
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi

    Professional Liability

    Our trial attorneys are accomplished in defending claims against attorneys, health care professionals, insurance agents and brokers, and other professionals.

    Read More...

    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Andrew R. Dennington
    Andrew Dennington
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Kurt B. Fliegauf
    Kurt Fliegauf
    Thomas J. Gallitano
    Thomas Gallitano
    Erin K. Higgins
    Erin Higgins
    Johanna L. Matloff
    Johanna Matloff
    Kathleen R. O'Toole
    Kathleen O'Toole
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi
    Carol A. Starkey
    Carol Starkey
    Christopher K. Sweeney
    Christopher Sweeney
    Glen A. Tagliamonte
    Glen Tagliamonte
    Alexis P. Theriault
    Alexis Theriault
    James Gray  Wagner
    James Gray Wagner

    Real Estate

    Our Real Estate practice provides skilled representation in a variety of transactions, including the financing, leasing, acquisition and disposition of commercial properties.

    Read More...

    Barry E. Gold
    Barry Gold
    Bob B. Rosenthal
    Bob Rosenthal
    Neil R. Schauer
    Neil Schauer

    Architects/Engineers

    Conn Kavanaugh has a wealth of experience advising and representing architects and engineers in many aspects of their businesses.

    Read More...

    Russell F. Conn
    Russell ConnPartner
    James B. Peloquin
    James PeloquinPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate
    Glen A. Tagliamonte
    Glen TagliamonteSenior Counsel

    Cannabis

    Read More...

    Anthony V. Bova
    Anthony BovaAssociate
    Andrew R. Dennington
    Andrew DenningtonPartner
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Erin K. Higgins
    Erin HigginsPartner
    Johanna L. Matloff
    Johanna MatloffPartner
    Gregory J. Murphy
    Gregory MurphySenior Counsel
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'NealOf Counsel
    Kathleen R. O'Toole
    Kathleen O'TooleAssociate
    Bob B. Rosenthal
    Bob RosenthalPartner
    Michael J. Rossi
    Michael RossiPartner
    Conor  Slattery
    Conor SlatteryAssociate
    Glen A. Tagliamonte
    Glen TagliamonteSenior Counsel
    James Gray  Wagner
    James Gray WagnerPartner

    Closely Held/Family Businesses

    Conn Kavanaugh’s business attorneys have a broad range of skills and are very experienced in providing legal services to family-owned and other closely-held businesses.

    Read More...

    Daniel R. Fishman
    Daniel FishmanAssociate
    Barry E. Gold
    Barry GoldPartner
    Bob B. Rosenthal
    Bob RosenthalPartner
    Neil R. Schauer
    Neil SchauerPartner

    Construction

    Conn Kavanaugh has provided an array of services to private and public clients in the construction industry, including the manufacturers of building materials and systems.

    Read More...

    Kurt B. Fliegauf
    Kurt FliegaufPartner
    James B. Peloquin
    James PeloquinPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate
    Glen A. Tagliamonte
    Glen TagliamonteSenior Counsel
    James Gray  Wagner
    James Gray WagnerPartner

    Financial Services

    Conn Kavanaugh draws upon a wide range of disciplines to meet the needs of individual and institutional clients in the financial services industry.

    Read More...

    Andrew R. Dennington
    Andrew DenningtonPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Carol A. Starkey
    Carol StarkeyPartner

    Food and Beverage

    Our decades of work in the food and beverage industry, including alcohol regulatory and distribution, have permitted us to gain expertise and insight into the typically fast paced and challenging world of our clients engaged in the food and beverage industry.

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    Anthony V. Bova
    Anthony BovaAssociate
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.Partner
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'NealOf Counsel
    Kathleen R. O'Toole
    Kathleen O'TooleAssociate
    Conor  Slattery
    Conor SlatteryAssociate

    Government

    Conn Kavanaugh provides an array of services to clients in the public sector, including state agencies, municipalities, and public officials.

    Read More...

    Andrew R. Dennington
    Andrew DenningtonPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Kurt B. Fliegauf
    Kurt FliegaufPartner
    J. P. Christian MildeAssociate
    Carol A. Starkey
    Carol StarkeyPartner

    Healthcare

    The Conn Kavanaugh team has the skills and experience necessary to successfully maneuver our clients through the increasingly complex and highly regulated environment of the health care industry.

    Read More...

    Andrew R. Dennington
    Andrew DenningtonPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Johanna L. Matloff
    Johanna MatloffPartner
    Thomas E. Peisch
    Thomas PeischOf Counsel
    Michael J. Rossi
    Michael RossiPartner
    Carol A. Starkey
    Carol StarkeyPartner

    Insurance

    Our lawyers work with our insurance industry clients in a variety of ways. We represent their insureds in virtually every type of lawsuit for which insurance coverage is available. We represent insurance companies directly in bad faith actions, and in high-exposure losses or losses that present unusual or challenging coverage issues.

    Read More...

    Russell F. Conn
    Russell ConnPartner
    Catherine M. DiVita
    Catherine DiVitaAssociate
    Daniel R. Fishman
    Daniel FishmanAssociate
    Kurt B. Fliegauf
    Kurt FliegaufPartner
    Erin K. Higgins
    Erin HigginsPartner
    Johanna L. Matloff
    Johanna MatloffPartner
    Thomas E. Peisch
    Thomas PeischOf Counsel
    Michael J. Rossi
    Michael RossiPartner
    Alexis P. Theriault
    Alexis TheriaultAssociate
    James Gray  Wagner
    James Gray WagnerPartner

    Law Firms

    Since the firm was founded in 1988, our attorneys have been known as “lawyers’ lawyers.”

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    Russell F. Conn
    Russell ConnPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Erin K. Higgins
    Erin HigginsPartner
    Julie  Martin
    Julie MartinAssociate
    J. P. Christian MildeAssociate
    Thomas E. Peisch
    Thomas PeischOf Counsel
    Bob B. Rosenthal
    Bob RosenthalPartner
    Michael J. Rossi
    Michael RossiPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate

    Manufacturing

    Conn Kavanaugh has broad experience in representing the interests and needs of various manufacturers.

    Read More...

    Russell F. Conn
    Russell ConnPartner
    Barry E. Gold
    Barry GoldPartner
    Erin K. Higgins
    Erin HigginsPartner
    Johanna L. Matloff
    Johanna MatloffPartner

    Real Estate

    Conn Kavanaugh has a wealth of experience in the real estate field.

    Read More...

    George M. Ford
    George FordOf Counsel
    Bob B. Rosenthal
    Bob RosenthalPartner
    Michael J. Rossi
    Michael RossiPartner
    Neil R. Schauer
    Neil SchauerPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate
    James Gray  Wagner
    James Gray WagnerPartner

    Staffing and Recruiting

    Staffing companies and Professional Employer Organizations (PEOs) are playing an increasingly important role in many aspects of human resource management, as employers are relying more and more on staffing companies and PEOs for payroll and employee benefit administration, risk management, and other increasingly complex administrative burdens.

    Read More...

    Daniel R. Fishman
    Daniel FishmanAssociate
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Barry E. Gold
    Barry GoldPartner
    Johanna L. Matloff
    Johanna MatloffPartner
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'NealOf Counsel

    NEWS

    April 21, 2020

    Finally! Some Relief for Healthcare Providers Risking Their Lives to Respond to COVID-19

    By Johanna Matloff and Alexis Theriault

    Across the country, hospitals and healthcare providers are facing an unprecedented surge of patients with COVID-19 symptoms while continuing to care for patients with other medical conditions. Responding adequately to the surge has required the federal and state governments to take some creative steps. In Massachusetts, this included easing licensing and credentialing restrictions to permit additional providers to care for patients.

    All of these health care providers are risking their lives every day to save others. And yet, they face potential legal liability for the care and treatment they are providing, even as conditions are worsening, providers are falling sick, supplies and resources are limited, and patients are beginning to outnumber available beds. In Massachusetts, last week, Governor Charlie Baker proposed legislation that would provide some protections to health care providers facing potential civil liability while they work on the front lines of the COVID-19 pandemic. The Legislature acted swiftly in response and passed a revised bill, S.2640 that Governor Baker signed on April 17th. The Act became effective immediately after Governor Baker signed it.

    The Legislation

    The legislation provides immunity to health care providers and health care facilities (collectively “Provider(s)”) from claims for damages alleged to have been sustained by their acts or omissions in the course of providing services during the period of the COVID-19 emergency if the following three conditions are met:

    • The health care services are provided pursuant to a COVID-19 emergency rule and in accordance with otherwise applicable law;
    •  

    • The provision of care or treatment was impacted by the Provider’s decisions or activities in response to conditions that resulted from the COVID-19 outbreak or COVID-19 emergency rules; and
    •  

    • The Provider arranged for or provided the health care services in good faith. Good faith is specifically defined to include acts or omissions that are consistent with the guidelines for crisis standards of care for the COVID-19 pandemic issued by the Department of Public Health and to exclude acts or omissions that are based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity, deceptive acts or practices, and fraud.

    Significantly, the protections are not limited to the provision of care and treatment to COVID-19 patients, but include care rendered to any individual who presents to a health care facility or provider during the period of the COVID-19 emergency. This is broader than the proposed bills being considered by other states and makes sense, given that Providers and resources have been focused predominantly on responding to the COVID-19 emergency, leaving fewer Providers and resources to care for and treat other patients. While the Act does not specifically address resource or staffing shortages, it is likely that the liability protections will extend to decisions resulting from these shortages provided that they are made in good faith and are consistent with the DPH’s guidelines regarding allocation principles.

    The liability protections do not apply if the damages were caused by acts or omissions constituting gross negligence, recklessness, or conduct performed with an intent to harm or to discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity. It also does not apply to consumer protection actions brought by the attorney general or to false claims actions brought by or on behalf of the Commonwealth.

    The legislation applies broadly to Providers practicing in the Commonwealth, including hospitals, skilled nursing facilities, assisted living residences, rest homes, community health centers, home health agencies, doctors, nurses, respiratory therapists, nursing home administrators, pharmacists, physician assistants, allied health professionals, mental health professionals, social workers, psychologists, certified nursing aides, home health aides, and emergency medical service providers. It also applies to individuals and facilities specifically empowered to provide care in response to COVID-19, including individuals providing health care services within the scope of authority or licensed by a COVID-19 emergency rule and sites designated by the commissioner of public health to provide COVID-19 health care services such as step-down skilled nursing facilities, field hospitals, and hotels.

    The legislation applies to all claims based on acts or omissions that occur or have occurred during the period of the COVID-19 emergency, which was declared on March 10, 2020.

    Federal Legislation

    Certain “volunteer” providers also may have immunity under the CARES Act. Section 3215 of the Act provides, with certain exceptions, that "volunteer" health care providers "shall not be liable under Federal or State law for any harm caused by an act or omission of the professional in the provision of health care services" during the COVID-19 public health emergency. The provider must be a volunteer and the services rendered must be within the scope of the provider's license, including any applicable state law emergency expansions of that scope of practice. As with the proposed Massachusetts legislation, providers are not protected from liability for harm resulting from willful or criminal misconduct, gross negligence, reckless misconduct, or "conscious flagrant indifference" to the patient's rights or safety.

    Takeaways

    Providers should note that neither the Massachusetts legislation nor the CARES Act provides "absolute" immunity from legal claims. Moreover, terms such as "gross negligence" and "willful misconduct" also are subject to judicial interpretation, which will consider the facts and circumstances of particular cases.

    There are practical steps that providers can and should take to protect themselves from the liability claims that are likely to arise from the COVID-19 pandemic despite these legislative efforts.

    First, they should carefully document their thought processes and actions in the event that they are later questioned. This may be difficult in an environment that likely will be stressful and potentially chaotic.

    Second, they should attempt to communicate clearly and in a caring and meaningful way with anxious family members. While opportunities for face-to-face interaction are limited, the importance of clear communications becomes even more important. The use of technology during the pandemic has evolved, and if used appropriately, may help facilitate communication. For example, there are reports of nurses and hospital chaplains using baby monitors and cell phones to connect patients with their family members.

    Providers with concerns about what and with whom information can be shared should keep in mind that the federal government has relaxed its enforcement of HIPAA requirements in limited circumstances during the COVID-19 emergency. See Department of Health and Human Services Office of Civil Rights February, 2020 bulletin “HIPAA Privacy and Novel Coronavirus” and March, 2020 bulletin “COVID-19 & HIPAA Bulletin: Limited Waiver of HIPAA Sanctions and Penalties During a Nationwide Public Health Emergency.” In addition, HIPAA already permits certain disclosures to family members if certain conditions are met. Providers may share protected health information with a patient’s family members, relatives, friends, and other persons identified by a patient as involved in the patient’s care. When possible, prior to disclosure, Providers should get verbal permission from patients or otherwise be able to reasonably infer that the patient does not object to the disclosure. If the patient is incapacitated or unconscious, Providers may share relevant information if the Provider determines in her professional judgment that doing so is in the best interests of the patient. For example, a Provider may determine that it’s in the best interest of an elderly patient to share relevant information with the patient’s adult child, but could not share unrelated information about the patient’s medical history. See 45 Code Fed. Regs. § 164.510(b).

    Conn Kavanaugh thanks the members of the health care community who are facing great personal risk as they care for patients with COVID-19 and others who require care. We will continue to monitor the existing and proposed legislation during the COVID-19 pandemic and will update this post as additional information becomes available.