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Employer Liability Issues Health Care Providers

Ballard Spahr LLP

Fifth Circuit Affirms Invalidity of No Surprises Regulations

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The Fifth Circuit Court of Appeals has affirmed the invalidity of regulations governing the independent review process under the No Surprise Billing Rules....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Internal Complaint About Care Recommendations Supports Wrongful Discharge Claim

North Carolina is an at-will employment state, but recognizes a limited exception from that rule for terminations that violate the state’s public policy. Courts have wrestled for years over the meaning of public policy and...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Troutman Pepper

Pennsylvania Limits Noncompete Agreements for Health Care Practitioners

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On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024

The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024....more

Faegre Drinker Biddle & Reath LLP

Health Care Practitioner Noncompete Ban Signed Into Pennsylvania Law

On July 17, 2024, Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the Act) into Pennsylvania law. The Act prohibits the enforcement of certain noncompete covenants entered into after the...more

Littler

Pennsylvania Enacts Law Banning Certain Non-Compete Agreements with Healthcare Providers

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On July 23, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the “Act”), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an...more

Dentons

Ep. 20 - Update Your Nursing Facility’s Assessment to Comply with New Requirements & Enhance Your Compliance Programming

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There has been much publicity surrounding the Centers for Medicare and Medicaid Services’ (“CMS”) new minimum staffing requirements for long-term care facilities scheduled to take effect starting in 2026 for non-rural...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Maryland Law Places New Restrictions on Noncompete Agreements for Health Care and Veterinary Professionals

Restrictions on noncompete agreements in the state of Maryland for certain care-related industries have become substantially broader. Under Maryland’s House Bill (HB) 1388, Maryland employers now face greater restrictions...more

Paul Hastings LLP

Right to Reproductive Health Care Privacy

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HHS announced modifications last week to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule, that will strengthen privacy protections for reproductive health care information. The Final...more

Saul Ewing LLP

FTC Bans Non-Competes; Potential Impact on Hospitals, Health Care Practices and Physicians

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On April 23, 2024, the Federal Trade Commission (FTC) approved a final rule (the “Rule”) broadly banning all employee non-compete clauses, with limited exceptions. The Saul Ewing Labor and Employment Group prepared an alert...more

Holland & Knight LLP

FTC Bans Non-Competes: Takeaways and Action Items for Healthcare Provider CEOs and Investors

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The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule has been summarized by our Holland & Knight colleagues. (See...more

Epstein Becker & Green

#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

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Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter...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

Epstein Becker & Green

Will Illinois Amend the Illinois Freedom to Work Act to Further Limit the Enforceability of Noncompete and Non-Solicitation...

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On January 1, 2022, amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (the “Act”), became effective, trumpeting reforms and limitations on an employer’s ability to enter into covenants not to compete and...more

Bradley Arant Boult Cummings LLP

What Workplace Violence Law Means for Texas Healthcare

Violence in the workplace is something all employers prohibit and try to prevent. Healthcare employers have a tougher time, because the violence often comes from patients. How do you best protect workers while still...more

Seyfarth Shaw LLP

Employers Consider Post-Dobbs Playbook in Dealing with Alabama Ruling on IVF Treatments

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Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more

Dentons

Ep. 2 - Why Anonymous Reporting is the Cornerstone of Your Compliance Program

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When was the last time your organization received an anonymous compliance concern?  Has it been so long you can’t recall? Maybe you consider yourself lucky that the organization has never received a concern on your watch, or...more

Bradley Arant Boult Cummings LLP

Don’t Mess with Texas Nurses: Texas Healthcare Facilities Must Adopt Workplace Violence Prevention Plans by September 1, 2024

Texas has now joined states like California in creating statutory protections against workplace violence against healthcare workers. Senate Bill 240, now Chapter 331 of the Texas Health and Safety Code, requires healthcare...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...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

Seyfarth Shaw LLP

Cyber Strategy: HHS Weighs in on Cybersecurity in the Healthcare Industry

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Seyfarth Synopsis: The health care sector faces escalating cybersecurity risks given its size, technological dependence and the sensitive nature of data used therein. According to the U.S. Department of Health and Human...more

Dinsmore & Shohl LLP

Proposed Florida Laws Target Physician Non-Competes

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Non-compete agreements are generally enforceable in Florida, if they are justified by a legitimate business interest and they are reasonable in time, area and line of business. However, a 2019 law invalidated non-compete...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...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

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