News & Analysis as of

Employees Hospitals

Seyfarth Shaw LLP

Code Red: AHA and FHA Acknowledge Industry Distortions to Emerge from the Threat to Regulate Nonprofit Hospitals Wherever Possible

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As we recently reported, in its Final Rule banning most worker non-competes, the Federal Trade Commission (“FTC”) previously warned of its intent to vigorously enforce its non-compete ban wherever possible, which may include...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

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

Nevada Seeks to Ban Non-Competes with Physicians

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The Nevada legislature passed new legislation recently that essentially bans all non-compete clauses in physician contracts while severely limiting the instances in which a hospital or psychiatric hospital may employ a...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2023

Five former Memphis-based hospital employees and another man have pled guilty to unlawfully disclosing patient information in violation of HIPAA, U.S. Attorney for the Western District of Tennessee Kevin Ritz announced....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

Bradley Arant Boult Cummings LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

McDermott Will & Emery

OSHA Announces Plan to ‘Expand Its Presence’ in Certain Healthcare Facilities Treating COVID-19 Patients

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Between March 9, 2022, and June 9, 2022, the US Occupational Safety and Health Administration (OSHA) will “expand its presence” in hospitals and skilled nursing facilities that treat COVID-19 patients and that were previously...more

Bass, Berry & Sims PLC

Trio of False Claims Act Retaliation Rulings from September

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The False Claims Act (FCA) prohibits employers from retaliating against whistleblowers who report FCA violations. 31 U.S.C. § 3730(h). To plead a claim under this anti-retaliation provision of the FCA, an employee must show...more

Brooks Pierce

OSHA’s New Emergency Temporary Standard to Protect Healthcare Workers

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The Department of Labor’s Occupational Safety and Health Administration (OSHA) recently issued a COVID-19 Emergency Temporary Standard (ETS) for the healthcare industry. The new standard focuses on protecting healthcare...more

Arnall Golden Gregory LLP

The COVID-19 Vaccine and Healthcare Employers: To Mandate or Not to Mandate?

With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more

K&L Gates LLP

COVID-19: Employment Issues in Health Care Mergers & Acquisitions in the Era of COVID-19

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Mergers and acquisitions in the healthcare industry have been on the upswing in recent years, and even with the impact of the COVID-19 pandemic, and the layoffs, furloughs, and financial losses that have followed in its wake;...more

Polsinelli

Hospitals’ Obligations to Employees Withstand Natural Disasters

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Hurricane Harvey reminded hospitals that obligations to employees do not cease during or after horrific natural disasters. Hospitals should have a plan in place when preparing for a natural disaster, such as an inclement...more

Manatt, Phelps & Phillips, LLP

Healthcare Litigation - February 2017

HCQIA Preemption of State Physician Whistleblower Statutes - Medical professionals who are subject to adverse actions following peer review often seek to sue the peer review participants (including the individual...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

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Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

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