Nurses

News & Analysis as of

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

Nurse Anne Mitchell’s Whistleblowing Almost Blew Out Whistleblowing in Texas

The Winkler County nurses trials began with two nurses, Anne Mitchell and Vicki Galle, filing an anonymous complaint with the Texas Medical Board regarding the substandard care provided by Dr. Rolando Arafiles Jr. When...more

Nurse Practitioner And Nurse Midwife Prescribing Practices

An ongoing debate in the healthcare field involves the scope of practice for allied health professionals, for example, nurse practitioners and nurse midwives. Allied health professionals oftentimes desire the ability to...more

Health Law Blog: Landmark Decision for the Iowa Nursing Practice

In a landmark decision for the Iowa Nursing practice, the Iowa Supreme Court issued an opinion on May 31, 2013 finding that the Iowa Board of Nursing, and not medical organizations, had the authority to define the scope of...more

Health Reform + Related Health Policy News - May 2013

In This Issue: - Top News ..HHS Releases Hospital Pricing Data in Transparency Effort; Results Show Significant Variation ..States Divided on Medicaid Expansion ..CMS Issues FY 2014 Proposed Rules for...more

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

In recent years, the Federal Trade Commission (FTC) frequently has commented on state efforts to either expand or restrict competition faced by doctors from advanced practice registered nurses (APRNs). Generally speaking,...more

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