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Can employers require vaccinations?

Vaccines for children have been front-page news around the country ever since the breakout of measles at Disneyland earlier this year. Rightfully, the focus has been on children who are unvaccinated and the effect it has on...more

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

HIPAA and “Meaningful Use” Audits: Issues to Consider and How to Prepare

As more and more providers adopt electronic health records (“EHRs”) systems (and with new regulations concerning their required use for purposes of Medicare billing for chronic care management, their popularity can only...more

DOJ Settles False Claims Act Allegations Against Pharmaceutical Manufacturer

On February 11, the DOJ announced a $7.9 million settlement with a Delaware-based pharmaceutical manufacturer for allegedly violating the False Claims Act by engaging in a kickback scheme with a pharmacy benefits manager...more

St. Alexius Medical Center of Hoffman Estates To Pay $125,000 to Resolve EEOC Disability Suit

Hospital Fired Employee With Cognitive Disabilities Rather Than Reasonably Accommodate Her, Federal Agency Charged - CHICAGO - St. Alexius Medical Center of Hoffman Estates will pay $125,000 to a former employee as...more

Nico van Aelstyn Serves as Co-Counsel in Lawsuit Seeking Expanded Civil Rights for Terminally Ill Patients in California

Yesterday, Nico van Aelstyn, a principal in Beveridge & Diamond’s San Francisco office, filed a lawsuit in the San Francisco Superior Court on behalf of plaintiffs seeking to clarify the ability of mentally competent,...more

Employer Concerns Regarding the Spread of Measles and Other Infectious Diseases

Action Item: Based on the rising number of issues related to highly communicable diseases like measles, mumps, flu, and Ebola, employers should be proactive rather than reactive in preparing and implementing an infectious...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2015

HIPAA in the Workplace - In late 2013, the Office of Inspector General issued a report critical of the Office of Civil Rights’ enforcement of the Health Insurance Portability and Accountability Act. OCR enforcement of...more

Oakland Children's Hospital Settles EEOC Disability Discrimination Suit

Commission Obtains $300,000 for Employee with Breast Cancer Fired Due to Medical Center's Strict Leave Policy - OAKLAND, Calif. - An Oakland-based non-profit regional medical center has agreed to pay $300,000 to a...more

Tennessee Home Health Care Agency to Pay $25 Million in Whistleblower Settlement

CareAll Management LLC, a Tennessee-based agency that provides in-home health care services, must pay $25 million to settle a whistleblower suit. The agency came to an agreement with the United States Department of Justice...more

Africa Update - January 2015 #4

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub - Saharan Africa - General Africa News - Excerpt...more

2015 Virginia Employment Law Pocket Guide

In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

Health Alert (Australia) - January 27, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: Ensuring National Capacity in Genomics-Guided Public Health Laboratory Surveillance. Australia. Department of Social...more

Deadline Approaching to Report Certain HIPAA Breaches to Federal Officials

The HIPAA Breach Notification Rule requires covered entities to notify the Secretary of the Department of Health and Human Services (HHS) if a breach of unsecured protected health information (PHI) is discovered. As most...more

The Companionship Exemption Remains: D.C. District Court’s Most Recent Decision in Home Care Association of America v. Weil Marks...

On January 14, 2015, Judge Richard J. Leon of the D.C. Federal District Court issued another favorable opinion for home care employers by vacating a Department of Labor regulation that would have narrowed the definition of...more

Weekly Update Newsletter - January 2015 #2

GOVERNMENT CONTRACTS - HHS IG Issues Report Regarding Federal Marketplace: Inadequacies in Contract Planning and Procurement - The Department of Health and Human Services (HHS) inspector...more

Africa Update - January 2014 #3

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from...more

Key Issues Facing Places of Public Accommodation at the 25th Anniversary of the ADA

With all of the presents, decorations, and champagne now firmly in the rearview mirror, January is a time customarily spent reflecting on the year that was and planning for the year ahead. For places of public accommodation,...more

Africa Update - January 2014 #2

Leading the News: West Africa Ebola Outbreak - On January 8th, the United Nations (U.N.) World Health Organization (WHO) announced the most advanced Ebola vaccine candidate will enter Phase III clinical trials...more

U.S. Supreme Court to Decide Fate of Same-Sex Marriage Laws

It was announced today that the U.S. Supreme Court will consider two important questions relating to same-sex marriage–whether states are required to allow same-sex marriages within their jurisdictions, and whether states are...more

Changes in California Employment Law for 2015

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and...more

HIPAA: Deadlines Pass and Definitions Change

For all covered entities and business associates, September 22 was the last day for business associate agreements (BAAs) to comply with the Omnibus HIPAA Rule (the Rule) released in January 2013. Before the Rule’s release,...more

More ADA Enforcement – Effective Communication Requirements for Service Providers

Recently, the U.S. Department of Justice and Franciscan St. James Health (St. James), a nonprofit health care system providing comprehensive health care at hospitals in Illinois, settled a lawsuit alleging that St. James...more

HIPAA Privacy During Emergency Situations

A patient arrives at your facility with Ebola-like symptoms. After taking the necessary precautions, you run the requisite tests, conduct a patient interview, and determine that in fact the patient has contracted the Ebola...more

Non-Profit Social Service Agency to Pay $309,000 to Settle EEOC Disability Discrimination Lawsuit

Comprehensive Behavioral Health Center Refused To Accommodate Long-Term Employee With Multiple Sclerosis And Denied Her Rehire, Federal Agency Charged ST. LOUIS -- Comprehensive Behavioral Health Center (CBHC), a non-profit...more

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