Nurses

News & Analysis as of

U.S. Citizenship and Immigration Services Issues New Guidance on H-1B Status for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to provide updated guidance on the adjudication of H-1B petitions for nursing positions. The memorandum was issued in response to...more

Medicare Announces Pay Increases for Psychiatric, Skilled Nursing and Rehabilitation Providers in Fiscal Year 2015

According to the rules released last Thursday by the Centers of Medicare and Medicaid Services (CMS), Medicare will increase payment to inpatient psychiatric hospitals, inpatient rehabilitation facilities and skilled nursing...more

Special Immigration Alert: USCIS Releases Updated Guidance on H-1B Eligibility for Nurses

On July 21, 2014, the U.S. Citizenship and Immigration Services ("USCIS") released a policy memorandum ("PM"), dated July 11, 2014, which provided the first new guidance on H-1B eligibility for nurses in 12 years!...more

New Clarifications Affect Physician and Hospital Medicare Part B Billing for Services Provided by Nursing and Other Staff...

CMS recently released rules changing the requirements for Medicare coverage of services furnished incident to a physician’s, NP’s, or PA’s services. Howard Sollins, Donna Senft and Susan Turner explain the effect of the...more

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the...more

Skilled Nursing PEPPER Reports Are Now Available Electronically

The second annual Skilled Nursing Facility (“SNF”) Program for Evaluating Patterns and Electronic Reports (“PEPPERs”) are now available to be retrieved via the secure portal at PEPPERresources.org. These reports are...more

Not Harassment To Remind Nurses Of Professional Obligations, Arbitrator Says

It was not “harassment” for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held....more

FTC Cautions States against Overbroad Regulation of Nurse Practitioners in Continued Effort to Promote Expanded Roles for...

The Federal Trade Commission (FTC) has a well-established role in promoting competition in the health care industry through enforcement, study and advocacy. To that end, the agency actively urges the opening of health care...more

OIG 2014 Work Plan – Skilled Nursing Facilities

Recently, the Department of Health and Human Services Office of the Inspector General (the “OIG”) released its work plan for 2014. The work plan provides stakeholders in the health care industry with a broad overview of the...more

Ohio Governor Signs Legislation Requested by BakerHostetler Clients

Governor John Kasich last week signed House Bill 139 to allow advanced practice registered nurses and physician assistants to admit patients to Ohio hospitals. The bill was introduced at the request of BakerHostetler...more

Legal Briefs - False Claims Act Liability for CRNAs Related to Medical Direction

It has never been a secret to Certified Registered Nurse Anesthetists (CRNAs) that anesthesiologists are often not able to consistently comply with all of the requirements of TEFRA (Tax Equity and Fiscal Responsibility Act of...more

Sixth Circuit Vacates Class Certification in Detroit Nurses Antitrust Case

On January 6, 2014, the Sixth Circuit vacated a class certification order for reconsideration in light of the Supreme Court’s 2013 decision in Comcast v. Behrend, 133 S. Ct. 1426 (2013). In re VHS of Michigan, Inc., No....more

Workers’ Compensation Changes Affecting Nurses In Illinois

Nurses treat injured patients on a daily basis, but what happens when the nurse is hurt on the job? What are the rights and benefits available to the injured nurse? ...more

CMS Issues New Surveyor Guidance on Initiating CPR in Nursing Homes and Facility CPR/DNR Policies

In a highly publicized recent case in California, a registered nurse working in an independent living facility refused to initiate cardiopulmonary resuscitation (CPR) on an elderly resident who was experiencing respiratory...more

Department of Education Publishes Change to NACIQI Schedule

Earlier today, the Department of Education published a notice in the Federal Register (78 FR 68832) announcing revisions to the agenda for the December 12-13, 2013 meeting of the National Advisory Committee on Institutional...more

Customer Sues Employer For Discriminatory Treatment By Employee

A few years ago, I wrote a piece called “The Customer is not Always Right” which focused on two discrimination cases. The first was filed by an African American nurse who was instructed not to enter the room of a patient who...more

NLRB Asks For, Gets, the Casablanca Treatment

The NLRB received a nasty benchslap from the Eleventh Circuit Court of Appeals recently in a case challenging the NLRB’s interpretation of supervisor status under the NLRA. Lakeland Health Care Associates, LLC v. NLRB. The...more

Health Alert (Australia) - September 23 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: ..Australia. Health Practitioner Regulation Agency (AHPRA) and the boards 16 September 2013 - The national Boards have...more

National Council of State Board of Nursing launches Nursing Database

The National Council of State Boards of Nursing (NCSBN) recently launched “Nursys”, a national database for verification of nurses. The database contains information on the licensure, disciplinary history, and special...more

Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII...more

Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors

On July 2, 2013, the United States Court of Appeals for the Sixth Circuit in GGNSC Springfield LLC v. NLRB denied enforcement of an order of the National Labor Relations Board (NLRB) that found registered nurses (RNs) at a...more

Man Convicted of Forcing Foreign Nurses to Work in U.S. Nursing Homes

A Colorado businessman was convicted last month by a federal jury in Denver on 89 counts including mail fraud, visa fraud, human trafficking and money laundering....more

California Supreme Court Rules That School Employees Can Administer Insulin Shots

On August 12, 2013, the California Supreme Court ruled that school employees can administer insulin shots to diabetic students when a nurse is not available....more

Healthcare Update, No. 3, August 2013: Don't Let Shift Differentials Lead To Costly Litigation

Shift differentials are common in the healthcare industry. But some employers may not realize that the differential must be calculated into the “regular rate” of pay, which is not exactly the same thing as the hourly rate. ...more

Healthcare Legal Alert: Former Nurse Asks U.S. Supreme Court To Settle Circuit Split On Meal Break And Timekeeping Issue

On July 22, 2013 a former nurse asked the U.S. Supreme Court to resolve a circuit split, which she claims the Sixth Circuit created when it found that the nurse's admitted failure to follow the hospital's procedures for...more

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