News & Analysis as of

Employees Health Care Providers

Stevens & Lee

Key Considerations in Utilizing a Letter of Intent in Health Care Transactions

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A letter of intent (LOI), expression of interest (EOI) or term sheet is typically the first substantive document in the life of a transaction (noting that, oftentimes, parties will sign a nondisclosure agreement prior to...more

Troutman Pepper

Massachusetts AG Secures Landmark $4M Settlement Over Alleged Staffing Violations

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Massachusetts Attorney General (AG) Andrea Joy Campbell announced a $4 million settlement with Next Step Healthcare, LLC (Next Step), a Massachusetts-based long-term care management company, in a deal that the AG described as...more

Sheppard Mullin Richter & Hampton LLP

DHHS Bolsters Non-Discrimination Protections for Recipients of Covered Health Care Services and Activities

In a Final Rule issued on May 6, 2024, the U.S. Department of Health and Human Services (“DHHS”) finalized regulations implementing Section 1557 of the Affordable Care Act (“Section 1557”). The Final Rule updates and...more

Stotler Hayes Group, LLC

New Nursing Home Staffing Standards Announced By Biden Administration

On April 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it had issued several new rules affecting Medicaid beneficiaries and skilled nursing facilities. Most important to skilled nursing...more

Troutman Pepper

New Staffing Mandates for Long-Term Care Facilities

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Last month, on April 22, the Centers for Medicare & Medicaid Services (CMS) issued its Minimum Staffing Standards for Long-Term Care Facilities final rule, which will apply to any long-term care (LTC) facilities that receive...more

Ballard Spahr LLP

CMS Final Rule Cranks Up Staffing Requirements at Long-Term Care Facilities

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A final federal rule raising minimum staffing requirements for long-term care (LTC) facilities that receive Medicare or Medicaid funding becomes effective June 21, starting a staggered timeline for LTCs to create and...more

Epstein Becker & Green

Kentucky Law to Expand Assault in the Third Degree Beyond Healthcare Providers at Hospitals to Include Clinic, Dental, Outpatient...

We recently wrote about proposed Oregon legislation that would have addressed workplace violence in healthcare settings but failed to move forward in the legislature due to concerns about a provision that would have made...more

Health Care Compliance Association (HCCA)

Employees’ Misdeeds, Lack of Risk Analysis Cost NY Hospital $4.75M; OCR Issues Warning

Although the HHS Office for Civil Rights (OCR) described its recent $4.75 million agreement with a Bronx, New York, hospital as settling a “malicious insider cybersecurity investigation,” the agency considered a total of 11...more

K&L Gates LLP

2023 Health Care Employment Law Year in Review

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Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address...more

Mandelbaum Barrett PC

Increase in Adverse Actions Against Medical Providers Relating to Workplace Civility and Communication in Hospital Settings

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Standards of acceptable workplace behavior have changed drastically over the last several years, and the key to staying out of trouble is to remain current regarding the legal standards of civility and communication. In the...more

Seyfarth Shaw LLP

Wellness Apps and Privacy

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Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more

Littler

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board...

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On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more

Baker Donelson

Maryland's New Whistleblower Retaliation Standard

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Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a...more

Littler

California Raises Health Care Minimum Wage, Expands to Affect More Positions

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California recently enacted Senate Bill 525, adding sections 1182.14 and 1182.15 to the California Labor Code and substantially raising the base minimum wage for health care workers. The new law also expands the definition of...more

Stevens & Lee

OIG Issues Favorable Opinion Concerning Bonus Payments to Employed Physicians

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The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently considered the question whether an employed physician can be paid bonus compensation relating to procedures performed by the...more

Ballard Spahr LLP

CMS Proposes Minimum Staffing Requirements for Long-Term Care Facilities

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Summary - The Centers for Medicare & Medicaid Services (CMS) recently published a proposed rule that, if finalized, will provide new minimum staffing level requirements for all long-term care facilities reimbursed by...more

Seyfarth Shaw LLP

Legislative Update: The End of the Road (for 2023)

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Seyfarth Synopsis: While Governor Newsom vetoed several impactful bills prior to his October 14, 2023, signing deadline, he approved a wide array of new laws with which businesses will need to comply with in 2024 and beyond,...more

Sheppard Mullin Richter & Hampton LLP

OIG Confirms the Broad Protection of Employee Safe Harbor

Late last week, the Department of Health and Human Services Office of the Inspector General (“OIG”) posted Advisory Opinion No. 23-07 affirming the broad protection available for compensation to employed physicians under the...more

Troutman Pepper

Another Critical Item for Long-Term Care Facilities to Add to Their To-Do List — New Staffing Mandates

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On September 1, the Centers for Medicare & Medicaid Services (CMS) released the Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting proposed rule. This...more

Sheppard Mullin Richter & Hampton LLP

Long Term Care Facilities Face Mandatory Minimum Staffing Requirements

On September 1, 2023, the Centers for Medicare and Medicaid Services (CMS) issued a long-awaited proposal to establish new federal minimum staffing standards for long-term care facilities. If the proposed rule is finalized,...more

Seyfarth Shaw LLP

Third Party Agents Are Employers For Purposes Of FEHA Liability

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Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more

Woodruff Sawyer

What to Consider When Choosing a Mental Health Solution for Your Employee Benefits Program

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Untreated mental health challenges can have a direct impact on how well employees perform at work—and the number of employees affected is rising. In 2021, 48% of employees said their mental health affected their work. That...more

Robinson+Cole Health Law Diagnosis

CMS Proposes New Rule that Would Require 80% of Payment to Go Toward Home Care Worker Compensation

On April 27, 2023, the Centers for Medicare & Medicaid Services (CMS) released a Notice of Proposed Rulemaking entitled Ensuring Access to Medicaid Services (Proposed Rule) which would, among other things, establish...more

Robinson & Cole LLP

Health Law Diagnosis - Kentucky Governor Signs Bill Aimed at Mitigating Healthcare Workforce Shortages: Beginning of a Trend?

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On March 22, 2023, Kentucky Governor Andy Beshear signed House Bill 200, referred to as the “Kentucky Healthcare Workforce Development Act” (“the Bill”), into law. The Bill was enacted in response to current healthcare...more

McDermott Will & Emery

When Keeping Medication Safe May Lead to Increased Liability

In a country that is still struggling with an opioid epidemic, and where there are enough rules and laws regulating the dispensing of medication to fill a tome, it makes sense that medical providers across the nation are...more

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