News & Analysis as of

Nurses

Uncompensated "Off-the-Clock" Work Time Nets Call Center Nurses a $6.2 Million Settlement

by Baker Ober Health Law on

Late last year, more than 1,300 "advice nurses" working at call-in centers providing answers to patient health care questions for Kaiser Permanente and Permanente Medical Group filed a class action lawsuit for unpaid wages...more

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations...more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

Georgia Enacts Nurse Licensure Compact Law

by Arnall Golden Gregory LLP on

On May 8, 2017, Governor Nathan Deal signed legislation that will make it easier for Georgia nurses to practice across state lines. Senate Bill 109, which passed the Georgia legislature in March, will make Georgia part of the...more

Nurse Anesthetists Sue Novitas Solutions and CMS Over Medicare Reimbursement Policy on Chronic Pain Management

by King & Spalding on

On April 11, 2017, the American Association of Nurse Anesthetists (AANA), an organization representing more than 50,000 Certified Registered Nurse Anesthetists (CRNAs), filed a complaint for declaratory and injunctive relief...more

2017 Nevada Legislative Session – Potential for Additional Anesthesiology Practice Opportunities in Nevada

by Snell & Wilmer on

On February 27, 2017, Senate Bill 210 (“S.B. 210”) was introduced into the Nevada Legislature, which paves the way for expanded anesthesiology practice and patient care opportunities in the State of Nevada....more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

Pennsylvania Releases Temporary Regulations for Physicians

by Tucker Arensberg, P.C. on

On April 11, the Pennsylvania Department of Health (DOH) released Practitioner Temporary Regulations for physicians and practitioners (those physicians, pharmacists, physician assistants and certified registered nurse...more

Legislative Solutions: 2017 North Carolina Legislative Recap

by Williams Mullen on

The North Carolina General Assembly is amidst its long session. Several pieces of health care legislation have been introduced, but most bills are in the beginning stages of the legislative process....more

BRN Sunset Report Criticizes Enforcement Process, Treatment of Nurse-Midwives

by Nossaman LLP on

The California Board of Registered Nursing (BRN) received a negative evaluation of its enforcement program in the most recent sunset review. The sunset review included a performance audit by the California State Auditor due...more

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

by Downs Rachlin Martin PLLC on

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

California Court Confirms Healthcare Meal Waivers Have Always Been Valid

by Fisher Phillips on

In a somewhat unusual ruling last week, a California Court of Appeal announced that its previous February 2015 decision in the case of Gerard v. Orange Coast Memorial Medical Center, which partially invalidated healthcare...more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - March 2017

House Commerce Considers Independent Contractors, Again - Vermont's business community continues to plead with lawmakers to update the statute defining independent contractors, arguing that current law is costly and...more

Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

by Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more

Health Law Insights: January Newsletter

by Roetzel & Andress on

ALERT: Health Reform Outlook for 2017: A Year of Major Uncertainty - Fulfilling their promises, Congressional Republicans moved to repeal the Affordable Care Act (ACA) on the first day of the new Congress when Senate...more

Ohio Legislature Concludes 131st General Assembly in Marathon Session Lasting Until 3:30 AM Last Friday

by Roetzel & Andress on

After a whirlwind final week of the lame duck session, where the Legislature passed various, often times emotion-evoking measures (including gun rights, abortion, unemployment compensation fund changes, municipal minimum wage...more

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Health Law Insights Newsletter - Issue 13

by McCarter & English, LLP on

McCarter & English, LLP’s Health Care Group presents Issue 13 of the Health Law Insights, which discusses the latest legal issues in the health care industry. - Failure to Update Business Associate Agreement Results in...more

MACRA: Top 10 FAQs

by Carlton Fields on

Significant changes to the Medicare payment system are underway. The Medicare Access & CHIP Reauthorization Act of 2015 (MACRA) is set to take effect January 1, 2017. MACRA represents a deliberate departure by the...more

New CMS Guidance on Abuse of Patient Privacy Rights

by Williams Venker & Sanders on

Last month, I noted recent media reports raising patient privacy concerns due to health care providers’ use of social media in the workplace [The Potentially Dangerous Intersection of Healthcare and Social Media]. It appears...more

Energy and Commerce Committee Clears Public Health Bills - September 2016

by Reed Smith on

On September 21, 2016, the House Energy and Commerce Committee unanimously approved the following public health bills: ..H.R. 4365, Protecting Patient Access to Emergency Medications Act – to amend the Controlled...more

Health Care Legislation Maryland 2016 First Interim Report

by Baker Ober Health Law on

The bills cited and reviewed in this Report are not an exhaustive presentation of all healthcare legislation. Rather, they represent either proposed or adopted legislation that we believe are among the most beneficial,...more

Getting Past “Not Horrible”: Addressing Office Bullies is Good for the Bottom Line

by Foley & Lardner LLP on

A Dallas jury recently awarded a verdict of more than a million dollars to a vocational nurse based upon her claims of sexual harassment and intentional infliction of emotional distress. While it appears that verdict will not...more

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