By Jeff Overley

Law360 (March 18, 2020, 11:02 PM EDT) -- The Trump administration on Wednesday scrambled to maximize the nation's health care resources as coronavirus cases rose sharply and the White House warned that confirmed infections would likely jump even more dramatically in coming days.

In a series of moves, the administration sought to stretch the health care workforce and the availability of medical products as widely as possible. The actions came as the total number of Americans testing positive for the novel coronavirus jumped to roughly 9,000 from roughly 5,000 within 24 hours — a likely sign of things to come.

"We will see the number of people diagnosed dramatically increase over the next four to five days," Deborah Birx, the White House coronavirus response coordinator, said at a Wednesday briefing, citing a major expansion of diagnostic testing.

One of the administration's most significant announcements came from Vice President Mike Pence. He said during Wednesday's briefing that the U.S. Department of Health and Human Services would issue a regulation "that will allow all doctors and medical professionals to practice across state lines to meet the needs of hospitals that may arise in adjoining areas."

Coronavirus cases have been confirmed in all 50 states, but they are concentrated heavily in a handful of states led by New York, Washington and California. HHS had not released the regulation by press time late Wednesday. Representatives of the Federation of State Medical Boards and the American Medical Association had no immediate comment.

Separately, the Centers for Medicare & Medicaid Services late Wednesday issued recommendations that called on hospitals "to limit non-essential adult elective ... medical and surgical procedures, including all dental procedures."

CMS Administrator Seema Verma said at Wednesday's briefing that her agency wants to "prioritize what is essential while leaving the ultimate decision in the hands" of clinicians. She added that canceling elective procedures — which can include important surgeries for serious conditions — can avoid unnecessarily bringing patients into hospitals where coronavirus risks may be high.

The American Hospital Association and the AMA both responded with favorable statements that said CMS had struck a proper balance between ensuring care for coronavirus patients and preserving flexibility for providers.

In a third development, Trump on Wednesday signed an executive order invoking the Defense Production Act, which could allow the federal government to order private companies to manufacture medical supplies.

On Wednesday night, Trump wrote on Twitter that the order will only be operationalized in "a worst case scenario in the future" and that "hopefully there will be no need."

But in a joint letter late Wednesday, major health care groups — including the AHA, the AMA, Pharmaceutical Research and Manufacturers of America and America's Health Insurance Plans — pressed the Trump administration and lawmakers to move forward.

"We recognize that the president has invoked the Defense Production Act and urge the federal government to expeditiously move to spur massive, increased production, distribution and access to gowns, masks, gloves, testing kits, testing swabs and respiratory machines," the groups wrote in a letter directed to Pence and congressional leaders.

Also Wednesday, Trump said he would deploy two Navy hospital ships to help with major coronavirus outbreaks; one will be sent to New York City, and the other will sent to the West Coast. The president may also send "mobile hospitals" to NYC that can accommodate about 250 patients, New York Gov. Andrew Cuomo said Wednesday.

Law360 reported Tuesday on additional ways in which hospitals and policymakers may try to accommodate a massive rise in patients by reopening shuttered hospitals or using schools, hotels and stadiums.

Wednesday's actions build on other recent steps to shore up a health care system that could be severely strained if coronavirus cases skyrocket. One such step came Tuesday when CMS announced it would pay doctors for telehealth consultations with patients; the virtual office visits could enhance access to physicians and prevent infected patients from spreading the virus by traveling to brick-and-mortar offices.

The White House also pressed health insurance companies earlier this month to waive copays for coronavirus testing; the effort came shortly after the U.S. Supreme Court accepted a Trump-supported legal challenge aimed at invalidating the entire Affordable Care Act, which supplies free or lower-cost health insurance to roughly 20 million Americans.

--Editing by Brian Baresch.

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