How Institutional Healthcare Providers Can Navigate Pandemic Responses That Turn Into Crises

The COVID-19 public health emergency has posed unique challenges for hospitals and health systems, which have been pulling double duty caring for a wave of critically ill patients while also navigating seismic shifts in the regulatory environment. Decisions made during the chaos of the pandemic will be reviewed with the clarity only hindsight can provide. Whether in the form of Department of Justice (“DOJ”) or state Attorney General (“AG”) inquiries, congressional hearings, or unflattering news coverage, some healthcare providers will find their pandemic decision-making under the microscope. The strategy these providers implement to respond to the scrutiny can play an important role in mitigating reputational and financial damage.