Murphy, Hesse, Toomey & Lehane, LLP

300 Crown Colony Dr. Suite 410
Quincy, MA 02169, United States

Massachusetts Gaming Commission Extends Deadline for Municipalities to Petition for Designation as Surrounding Communities to Proposed Slots-Parlor Establishments

The Massachusetts Gaming Commission has recently extended the deadline for municipalities to petition and be designated as a surrounding community for the pending slots-parlor license applications to October 31, 2013. This…more
| Art, Entertainment, & Sports Law, Zoning, Planning & Land Use

Massachusetts Anti-Bullying Law Amended To Extend Protections To Students Bullied By School Staff

Governor Patrick of Massachusetts has signed into law an amendment to the state’s anti-bullying law, M.G.L. c. 71, § 37O, which effectively extends the protections of the law to students bullied by school staff. Prior to these…more
| Criminal Law, Education, Health

U.S. DOE and DESE Issue Revised Requirements for Parental Consent to Access a Student’s MassHealth (Medicaid)

The U.S. Department of Education recently revised the federal regulations under the I.D.E.A., Part B, relating to parental consent to access Medicaid. On June 13, 2013, the Massachusetts Department of Elementary and Secondary…more
| Education, Health, Privacy

Supreme Court Strikes Down Defense of Marriage Act (DOMA) Provision

The Supreme Court of the United States announced on June 26, 2013 a landmark decision that will have far-reaching implications for employers across the country. In United States v. Windsor, the Supreme Court invalidated a…more
| Constitutional Law, Family Law, Labor & Employment Law, Privacy

Obama Administration Delays Implementation of the Affordable Care Act’s Employer Mandate

In a surprise announcement, the Obama Administration has decided to delay the effective date of the Affordable Care Act’s employer mandate known as the employer responsibility provisions or “pay or play.” The delay appears to be…more
| Labor & Employment Law

Department of Labor Releases Model Notices on Health Insurance Marketplaces

On May 8, 2013, The Department of Labor (“DOL”)released a model notice and guidance with regard to the requirement under the Affordable Care Act (“ACA”) that employers provide notices to employees about the state health care…more
| Health, Labor & Employment Law

Appeals Court Holds Board's Notice Rule Inconsistent With Employer Free Speech

The saga of the National Labor Relations Board’s (“Board”) Notice posting rule continues. If you recall from our prior Alerts, in 2011 the Board issued a Rule mandating the posting of an 11” x 17” Notice in virtually every…more
| Labor & Employment Law

Massachusetts’ Department of Education Issues Guidance on Gender Identity Law

On November 23, 2011, Governor Deval Patrick signed into law “An Act Relative to Gender Identity” (Chapter 199 of the Acts of 2011). It went into effect on July 1, 2012, amending M.G.L. ch. 76, § 5 to prohibit discrimination on…more
| Education, Health, Privacy

Final HIPAA Regulations Require Action by Covered Entities and Business Associates

On January 25, 2013, the Department of Health and Human Services (“HHS”) published final regulations making important changes to requirements under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The…more
| Business Organizations, Health, Labor & Employment Law

U.S. Department of Education Clarifies Students with Disabilities Right to Access School Sports

On January 25, 2013, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Dear Colleague Letter. It reiterated the existing legal obligation of school districts under Section 504 of the Rehabilitation Act…more
| Education

Whither Medical Marijuana Use In Massachusetts?

At the November 6, 2012 election, the voters in Massachusetts approved Ballot Question 3, which authorizes medical marijuana and related uses. Ballot Question 3, now codified as Chapter 369 of the Acts of 2012 (the Law), became…more
| Health

Massachusetts Governor Patrick Signs Law Mandating Fingerprint-Based Background Check

On January 10, 2013, Governor Patrick signed “An Act Relative to Background Checks” (H.4307) into law. This law implements a wide reaching requirement for mandatory state and national fingerprint-based criminal background…more
| Business Organizations, Civil Rights, Education, Labor & Employment Law, Nonprofit Law

Federal Government Releases Additional Proposed Regulations Under the Affordable Care Act

With the 2012 election behind it and Speaker of the House stating that the Patient Protection and Affordable Care Act (“PPACA”) is the “law of the land,” the Obama Administration has pushed forward with health care reform by…more
| Health, Labor & Employment Law

New Massachusetts Legislation Dramatically Affects Student Suspension and Expulsion

On August 6, 2012, Governor Patrick signed into law “An Act Relative to Student Access to Educational Services and Exclusion From School” as Chapter 222 of the Acts of 2012. This law will dramatically affect the responsibilities…more
| Education

New Massachusetts Health Care Reform Legislation Has Some Surprises for Hospital Employers

On August 6, 2012, Governor Patrick signed into law “An Act improving the quality of health care and reducing costs through increased transparency, efficiency and innovation” as Chapter 224 of the Acts of 2012. The stated aim…more
| Health, Labor & Employment Law
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