Healthcare Facilities

News & Analysis as of

Health Alert (Australia) - March 30, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales - 25 March 2015 - Smythe v Burgman (No 2) [2015] NSWSC 150 - The New South Wales Supreme Court has held...more

Volunteer Directors and Officers Liable to Facility Creditors

The Third Circuit Court of Appeals recently upheld a trial court’s jury verdict finding the individual board members and officers of a non-profit healthcare facility personally liable to the facility’s creditors. The board...more

Care Recipients’ Limited Right to Discriminate Based on Protected Characteristics of Care Provider

Healthcare provider institutions including hospitals, clinics, medical practices, nursing homes and home health care providers (here, “Institutions”) are occasionally called upon to balance the preferences of Consumers...more

French Supreme Administrative Court decision significantly broadens scope of the French ‘Sunshine Act’

On 24 February 2015, the French Supreme Administrative Court (Conseil d’Etat) reached a landmark decision which significantly expands the scope of the so-called French Sunshine Act....more

Mississippi CON Report

In this issue: - February 2015 – Mississippi Certificate of Need Meeting - Certificate of Need Program Report – Filings/Reports Since January 2015 - A. Letters of Intent to Change Ownership - B....more

CMS Releases New Guidance on Quality Reporting Payment Adjustments for RHCs, FQHCs, and CAHs

On March 6, 2015, CMS released an MLN Matters article (#SE1508), updating guidance on the 2015 payment adjustments for Rural Health Clinics (RHCs), Federally Qualified Health Centers (FQHCs), and Critical Access Hospitals...more

Upcoming House Hearing on 340B Program

The House Energy and Commerce Subcommittee on Health will hold a hearing on Thursday, March 5, 2015 on “Examining the 340B Drug Pricing Program,” focusing on the functionality of the program and the extent to which it meets...more

Now's the Time to Comment on the FDA's New Draft Documents on Compounding Policy

The U.S. Food and Drug Administration (FDA) has released five new draft documents related to drug compounding and repackaging by “outsourcing facilities,” state-licensed pharmacies, federal facilities and other healthcare...more

California Health Care Employees Cannot Waive Entitlement to Second Meal Period When Working In Excess of 12 Hours

Narrowly construing the California Labor Code provisions on meal periods, the California Court of Appeal struck down a provision in the Industrial Welfare Commission Wage Orders that allows health care employees working...more

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of...more

California Court Decision on Meal Breaks May Cause Health Care Industry To Go To Code Blue

Executive Summary: A new California Court of Appeal decision has invalidated a 22-year-old healthcare industry exception that had given the industry some flexibility with respect to how it provided its employees working...more

Court Of Appeal Invalidates Portion Of IWC Wage Order Permitting Waiver Of Second Meal Period For Health Care Employees Working...

In Gerard v. Orange Coast Memorial Medical Center, California's Fourth District Court of Appeal invalidated a portion of Industrial Wage Commission Order No. 5, the wage order applicable to employees working in hospitals,...more

IWC Wage Order Found Partially Invalid for Second Meal Period Waiver

In Gerard v. Orange County Memorial Medical Center, 2015 Cal.App. LEXIS 132, the Court of Appeal found Wage Order No. 5, Section 11(D) of Industrial Welfare Commission ("IWC") wage order No. 5-2001 (Cal. Code Regs., title 8,...more

Did You Know…Second Meal Period Waivers Invalid for Health Care Workers When Working More Than 12 Hours

In Jazmina Gerard v. Orange Coast Memorial Medical Center, the California Court of Appeal held that the wage orders health care companies have been following for years were wrong and contrary to the California Labor Code....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

California Joins Whistleblower Lawsuit Against BP

The state of California jumped aboard a whistleblower lawsuit in progress against BP Plc, alleging that BP had overcharged the state by up to approximately $300 million for nearly a decade for natural gas. The plaintiffs in...more

Three Factors Affecting the Mid-Level Practitioner Workforce, Part Two

In the last post, the subjects of collaborative agreements and autonomy were discussed in relation to how they affect mid-level practitioners. Today’s post now turns to how HRSA designation and limited services clinics will...more

Proposed Rule Regarding Fire Safety Equipment Loans, Office of Residential Care Facilities (ORCF), January 14, 2015

On January 14, HUD released the proposed rule Updating Regulations Governing HUD Fees and the Financing of the Purchase and Installation of Fire Safety Equipment in FHA-Insured Healthcare Facilities....more

Mississippi CON Report - December 2014

In This Report: - I. December 2014 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since November 2014 - A. Letters of Intent to Change Ownership...more

Chinese Government Further Encourages, Regulates Multi-Site Practice by Physicians

The Opinions on Encouragement and Regulation of Multi-Sited Practices of Physicians demonstrate the Chinese government’s continued efforts to develop Chinese physicians’ ability to practise at multiple sites, and will provide...more

Preparing for an Active Shooter Incident in a Health Care Facility

The Ober|Kaler Health Care General Counsel Institute presented this webinar discussion of key considerations in addressing an active shooter situation, including specific considerations within health care facilities. Not only...more

Alabama CON Report

In this Report: - I. For Informational Purposes Only - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - Excerpt from For...more

Certificate of Need Opportunities in 2015

While many of us were shopping for last-minute gifts for our families, Governor McCrory was busy approving the 2015 State Medical Facilities Plan (“SMFP”). The SMFP is a document created annually by the State Health...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

EPA to Propose Health Care Facility-Specific Regulations for the Management of Hazardous Waste Pharmaceuticals Under RCRA

EPA plans to propose new regulations this year to address the management of hazardous waste pharmaceuticals under the Resource Conservation and Recovery Act (RCRA). The agency anticipates issuing a notice of proposed...more

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