News & Analysis as of

Medical Examinations

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Constangy, Brooks, Smith & Prophete, LLP

Drugs and alcohol in the workplace: Five fun facts

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

Clark Hill PLC

Court Allows Two GIPA Cases To Proceed Based on Pre-Employment Physical Exams

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While many have heard of Illinois’ Biometric Information Privacy Act, or “BIPA,” Illinois has a similar, although less infamous, statute covering genetic information – the Genetic Information Privacy Act or “GIPA.” While GIPA...more

Seyfarth Shaw LLP

August 2024 Global Immigration Alert

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The month of July 2024 was a busy month for Canada’s immigration programs. The most notable event was the Express Entry draw on July 30, 2024, when 964 “invitations to apply” (ITAs) were issued, targeting candidates through...more

Constangy, Brooks, Smith & Prophete, LLP

Don't use AI to get around the ADA!

Warning -- I'm about to go on a rant. Do you ever read something in the news that just makes you go, "Sheesh, people!!!" Or words to that effect? And, no, I am not talking about the Presidential Election. The Wall Street...more

Cozen O'Connor

Washington Court Deems Posting of IME Videos on Social Media Free Speech

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In Ten Injured Workers v. State of Washington, et al. (Ten Workers), the Washington Court of Appeals recently overturned a provision of RCW 51.36.070, which prohibited injured workers from posting video recordings of their...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, don't get tripped up in this "GINA" trap

Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

Stark & Stark

Court Orders Video Recording of Neuropsychological Examination

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In the case of Cherelle Matchet v. Karen Nelson-Hughes, Civil No. 2022-43 (USDC Virgin Islands 5/6/24), the Federal District Court addressed whether the plaintiff’s neuropsychological examination by the defendant’s expert...more

Whiteford

New CMS EMTALA Portal Signals CMS Continued Focus on Enforcement Fight Against State Abortion Bans

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On May 21, the Centers for Medicare and Medicaid Services (CMS) announced a new option on CMS.gov to allow individuals to more easily file an Emergency Medical Treatment and Labor Act (EMTALA) complaint. Before launching the...more

Jackson Lewis P.C.

USCIS Removes Validity Period on Immigration Medical Exam Form I-693

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Medical examinations and vaccination records properly completed and signed by a civil surgeon after Nov. 1, 2023, can be used indefinitely, USCIS has announced. There is no longer any expiration date. Form I-693, Report of...more

Conn Maciel Carey LLP

MSHA’s Final Rule for Respirable Crystalline Silica: What is Required and How Long Do Operators Have to Comply?

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On April 16, 2024, the Mine Safety & Health Administration (“MSHA”) released its final rule for Respirable Crystalline Silica (“RCS”) for preliminary viewing, and it was published in the Federal Register on April 18, 2024....more

Tarter Krinsky & Drogin LLP

USCIS April 2024 Updates

We would like to share the following recent U.S. immigration-related updates announced by United States Citizenship and Immigration Services (USCIS) in April 2024. Automatic Extension of EAD Cards From 180 Days to 540 Days ...more

Verrill

Don’t Wait – CMS Expects Hospitals to Take Action on Informed Consent for Certain Exams and Procedures

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Hospitals should not delay in reviewing and revising their surgical informed consent forms and policies. On April 1, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued new guidance regarding informed consent...more

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

USCIS Issues New Policy Guidance on Validity Period of Form I-693 Medical Exam

U.S. Citizenship and Immigration Services (USCIS) has announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after...more

Holland & Hart - Employers' Lawyers

USCIS Announces New Guidance on the Validity Period for Form I-693 Medical Examination and Vaccination Record

The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant update regarding Form I-693, Report of Immigration Medical Examination and Vaccination Record. Effective immediately, any Form I-693...more

McCarter & English, LLP

New Informed Consent Guidance and Pharmacy Immunity

New guidance released by the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) on April 1, 2024, clarified that hospitals will not be eligible for Medicare or Medicaid...more

Stevens & Lee

New CMS Informed Consent Guidance for Sensitive Examinations of Unconscious Patients

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On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare & Medicaid Services (“CMS”), Center for Clinical Standards and Quality/Quality, Safety & Oversight Group, issued new...more

Epstein Becker & Green

Updated Requirements for Informed Consent: HHS Issues New Guidance on Sensitive Exams

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”) released new guidance which requires hospitals to obtain informed consent from patients before practitioners, or medical or other students, perform...more

Frantz Ward LLP

Can Employers Request the Retroactive Termination of TTD? The Supreme Court of Ohio Says Yes They Can!

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On March 5, 2024, in State ex rel. Dillon v. Indus. Comm., Slip Opinion No. 2024-Ohio-744, the Supreme Court of Ohio overruled its prior authority in State ex rel. Russell v. Indus Comm., 82 Ohio St.3d 516 (1998), which has...more

Roetzel & Andress

Supreme Court Issues Decision Finding TTD Compensation Can Be Terminated Based on MMI Prior to the Date of Industrial Commission...

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On March 5, 2024, the Ohio Supreme Court announced its decision in State ex rel. Dillon v Industrial Commission (Slip Opinion No. 2024-Ohio-744). In so doing, the Court overruled 25-year precedent from its prior authority in...more

Console and Associates, P.C.

Patients Claim Columbia University’s Policies Permitted OB-GYN Dr. Hadden to Sexually Abuse Patients for Two Decades

Recently, patients who visited Columbia University’s OB-GYN department have reported the sexual abuse committed against them by Dr. Robert Hadden. Dr. Hadden was a long-time fixture at Columbia University, having spent his...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $1 Million to Settle EEOC Disability and Gina Lawsuit

Retail Chain Violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act in Hiring Process - BIRMINGHAM, Ala. –Variety store retailer Dolgencorp, LLC, doing business as Dollar General,...more

Hendershot Cowart P.C.

Physicians: Diagnose & Document Therapeutic Necessity for IV Hydration Treatments

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Retail medicine has directly challenged the role of physicians as gatekeepers to prescription medications and medical procedures, and as fiduciaries to their patients. Some providers in the current IV hydration market are...more

Quarles & Brady LLP

What Does Wisconsin Medical Examining Board’s New Chaperone Rule Mean for Hospitals?  Not Much.

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The new rules about chaperones for physicians in private practice (not hospitals or hospital-employed physicians) go into effect October 1, 2023. The rule is promulgated by the Medical Examining Board (MEB), which does not...more

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