In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more
11/9/2017
/ Attorney-Client Privilege ,
Confidential Information ,
Disclosure Requirements ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Good Faith ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Need to Know ,
Patient Privacy Rights ,
Patients ,
PHI ,
Policies and Procedures ,
Privacy Policy ,
Professional Misconduct ,
Qui Tam ,
Whistleblower Protection Policies ,
Whistleblowers
A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more
8/14/2017
/ Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Intentional Infliction of Emotional Distress ,
Invasion of Privacy ,
Motion to Dismiss ,
Negligence ,
Negligence Per Se ,
Nurses ,
Private Right of Action ,
Public Disclosure of Private Facts ,
Sexual Assault ,
State Law Tort Claims
Hospital administrators are well aware their institutions are subject to a whole host of workplace-related federal statutes: Title VII of the Civil Rights Act, the Health Insurance Portability and Accountability Act (HIPAA),...more
Because arbitration proceedings often offer a less costly and more efficient alternative to the burdens of protracted courtroom litigation, arbitration agreements are increasingly common in the nursing home industry. However,...more
Late yesterday, President Trump selected Judge Neil Gorsuch to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Gorsuch would occupy a critical position on the Court,...more
On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and...more
1/5/2017
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Federal Funding ,
Final Rules ,
Health Care Providers ,
Preliminary Injunctions ,
Religious Freedom Restoration Act (RFRA) ,
Secretary of HHS ,
Section 1557 ,
Trump Administration
The U.S. Department of Labor (USDOL) recently finalized its long-awaited rule that will double the minimum salary for employees to qualify for the overtime exemption under the Fair Labor Standards Act (FLSA). The impending...more