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Reasonable Accommodation Health Care Providers

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Woodruff Sawyer

What to Consider When Choosing a Mental Health Solution for Your Employee Benefits Program

Woodruff Sawyer on

Untreated mental health challenges can have a direct impact on how well employees perform at work—and the number of employees affected is rising. In 2021, 48% of employees said their mental health affected their work. That...more

K&L Gates LLP

2022 Health Care Employment Law Year in Review

K&L Gates LLP on

Health care employment law was once again a critical focus for many legislative bodies in 2022. While much of our 2021 Year in Review focused on how states addressed the COVID-19 pandemic itself, most notably with respect to...more

Holland & Hart - Health Law Blog

OCR Addresses Healthcare Discrimination Experienced by Deaf and Hard of Hearing Patients

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...more

Baker Donelson

Safeguarding Against Discrimination in Telehealth to Meet Requirements of New Federal Guidance and the Proposed Rule Implementing...

Baker Donelson on

With telehealth becoming increasingly prevalent, the federal government has taken steps to protect against discrimination in telehealth and prevent accessibility issues that disproportionately affect individuals with...more

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

U.S. High Court Says No Emotional Distress Damages For Discrimination under Rehab Act and ACA

The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more

Laner Muchin, Ltd.

SCOTUS Rules Emotional Distress Damages Unavailable for Suits Under Certain Federal Anti-Discrimination Laws

Laner Muchin, Ltd. on

In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more

Foley & Lardner LLP

An ADA Refresher For Cos. Navigating Remote Work Requests

Foley & Lardner LLP on

After roughly two years of isolation, the COVID-19 pandemic finally seems to be dissipating, which means employers across the country are starting to summon employees back to the office. Not all employees are thrilled...more

Jackson Lewis P.C.

U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA

Jackson Lewis P.C. on

The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more

Husch Blackwell LLP

Supreme Court Holds That Emotional Distress Damages Are Not Available Under Title VI, Title IX, and Other Spending Clause Statutes

Husch Blackwell LLP on

In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more

Manatt, Phelps & Phillips, LLP

[Webinar] Health Care Litigation Trends to Watch in 2022…and Beyond - April 27th, 4:00 pm - 5:00 pm ET

Health care is facing a tidal wave of change—from enforcement actions around CARES Act funding to employment issues in a post-COVID workplace to questions around telehealth coverage to controversies over gender identity...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues North Memorial Health for Disability Discrimination Against Deaf Applicant

Health Care Provider Failed to Hire and Provide Reasonable Accommodation to Qualified Applicant for Greeter Position, Federal Agency Claims - MINNEAPOLIS – North Memorial Health violated civil rights law when it failed to...more

Holland & Hart LLP

Sixth Circuit Reinstates OSHA's Vax-or-Test Mandate: Impact on Employers and Healthcare Providers

Holland & Hart LLP on

In the latest twist in the OSHA Vax-or-Test saga, the Sixth Circuit terminated the nationwide injunction of the Emergency Temporary Standard (ETS), clearing the way for OSHA to begin enforcing the Vax-or-Test ETS. OSHA...more

Smith Anderson

Most Federal Government Contractors Still Must Comply with President Biden’s Federal Vaccine Mandate

Smith Anderson on

Despite a recent court ruling covering three states, most federal government contractors still must comply with the COVID-19 vaccine mandate ("Contractor Vaccine Mandate") included in President Biden’s Executive Order 14042,...more

Fisher Phillips

Medicare and Medicaid Participants Face Sweeping New Workplace Vaccination Rule: A 5-Step Survival Guide

Fisher Phillips on

Note: This CMS Rule refenced in this Insight is separate and distinct from the OSHA ETS that was issued on November 4. Thus, although the CMS Rule could also be challenged in court, the November 6 court order blocking...more

Holland & Hart - Health Law Blog

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully...more

Maynard Nexsen

CMS Vaccine Mandate Update

Maynard Nexsen on

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an extensive Interim Final Rule and Comment Period on the COVID-19 vaccination mandate for those healthcare providers receiving Medicare or...more

Foley & Lardner LLP

EEOC Updates Its Guidance on COVID-19 Vaccines Ahead of OSHA’s Emergency Temporary Standard

Foley & Lardner LLP on

As we await OSHA’s highly anticipated Emergency Temporary Standard (ETS)—which will require certain employers to implement “vaccine-or-test” policies—the Equal Employment Opportunities Commission (EEOC) recently updated its...more

Maynard Nexsen

CMS’ Upcoming COVID-19 Vaccine Mandate: What You Need to Know Now

Maynard Nexsen on

On September 9, 2021, President Biden announced a new “COVID-19 Action Plan” designed to mitigate the continuing effects of the Delta variant by increasing the number of vaccinated individuals. The plan includes, among other...more

Ruder Ware

HIPAA and COVID-19 – OCR Publishes Online Guidance on the Application of HIPAA

Ruder Ware on

The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various...more

Polsinelli

Federal District Court Rejects Hospital Employees’ Attempt to Stop Vaccination Mandate During Legal Battle

Polsinelli on

In September, 40 current and former employees of St. Elizabeth Medical Center in Kentucky sued the privately-owned hospital over its mandatory COVID-19 vaccination policy, alleging violations of their constitutional rights,...more

Harris Beach PLLC

Religious Exemption Issue, State-Issued FAQs Among Developments for Health Care Personnel Vaccine Mandate

Harris Beach PLLC on

The New York State Health Department’s Vaccine Mandate, adopted on August 26, requires personnel at general hospitals and nursing homes to have at least their first COVID-19 vaccination dose by September 27. Personnel at...more

Fisher Phillips

Most Healthcare Employers Will Soon Need to Implement Vaccine Mandate

Fisher Phillips on

The Biden Administration’s recent “Path Out of the Pandemic” expands the COVID-19 vaccine mandate covering nursing home workers and will soon reach 17 million healthcare workers at Medicare and Medicaid-certified facilities....more

Health Care Compliance Association (HCCA)

[Event] Boston Regional Healthcare Compliance Conference - September 10th, Newton, MA

Our one-day Regional Compliance Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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