The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also...more
The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other...more
12/12/2023
/ Browning-Ferris Industries of California Inc. ,
Compensation & Benefits ,
Healthcare Workers ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
The EEOC has filed suit in federal court against a home care provider, alleging it unlawfully discriminated against employees when it changed their work assignments to accommodate client preferences.
The suit alleges the...more
Liability in False Claims Act (FCA) suits depends on whether a defendant subjectively believed its claims were false, not on whether it can offer an objectively reasonable basis for its claims, the U.S. Supreme Court has held...more
6/22/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Federal Contractors ,
Medicaid ,
Medicare ,
Pharmacies ,
Prescription Drugs ,
Scienter ,
SCOTUS ,
Subjective Standard ,
US ex rel Tracy Schutte et al v SuperValu Inc et al ,
Willful Violations
The Biden-Harris Administration announced on May 1, 2023, that the Centers for Medicare and Medicaid Services (CMS) would soon be eliminating COVID-19 vaccination requirements for healthcare providers. On May 31, 2023, CMS...more
The Biden-Harris Administration has announced that, at the end of the day on May 11, 2023, it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air travelers. The...more
As we leave 2022 behind us, here are seven things healthcare employers should watch for in 2023.
1. Medical Residents and Interns Unionizing. Yes, you read that right. 2022 saw organizing among these groups on both...more
The American Society for Health Care Human Resources Administration (ASHHRA) recently held an incredibly useful conference bringing together healthcare human resources leaders from around the country. Here are four key...more
5/18/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Employee Engagement ,
Employee Retention ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare ,
Healthcare Workers ,
Human Resources Professionals ,
Recruitment Policies ,
Unions
In a 5-4 decision, the U.S. Supreme Court has ruled in favor of the government, allowing the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine mandate to continue. Biden, et al. v. Missouri, et al., No....more
1/14/2022
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Funding ,
Healthcare Workers ,
Joe Biden ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing
The Centers for Medicare & Medicaid Services (CMS) will enforce its COVID-19 vaccination requirement in 25 states, the District of Columbia, and other territories, according to an update released on December 28, 2021...more
The Occupational Safety and Health Administration (OSHA) has announced that it is withdrawing most of the Emergency Temporary Standard for healthcare employers (Healthcare ETS) it promulgated more than six months ago...more
More than six months after the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard for healthcare employers (Healthcare ETS), OSHA announced its intentions to propose an infectious...more
Massachusetts Governor Charlie Baker has announced the Massachusetts Department of Public Health (DPH) advises that all residents, regardless of vaccination status, wear a mask or face covering when indoors (and not in their...more
Newly elected Boston Mayor Michelle Wu has announced that, starting on January 15, 2022, individuals will be required to show proof of vaccination against COVID-19 in order to enter certain indoor spaces in Boston. People...more
The U.S. District Court for the Western District of Louisiana has granted a preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from enforcing its COVID-19 vaccine mandate nationwide. Louisiana et al....more
A federal court has granted 10 states’ request for a preliminary injunction precluding the Centers for Medicare and Medicaid Services (CMS) from enforcing its COVID-19 vaccine mandate for healthcare workers in Alaska,...more
A group of states has sued President Joe Biden and his administration challenging the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) setting COVID-19 vaccination requirements for a range of...more
11/15/2021
/ Anti-Commandeering ,
Arbitrary and Capricious ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Federal Contractors ,
Federal Employees ,
Interim Final Rules (IFR) ,
Joe Biden ,
Social Security Act ,
Vaccinations ,
Virus Testing
The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers....more
11/8/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Interim Final Rules (IFR) ,
Religious Exemption ,
Title VII ,
Vaccinations
The City of Boston has announced that, in response to the ongoing COVID-19 pandemic, it will require individuals to wear face coverings “whenever they are indoors on the premises of a business, club, place of assembly or...more
The National Institute of Standards and Technology (NIST) recently released a preliminary draft of its Cybersecurity Framework Profile for Ransomware Risk Management. The public comment period for this draft runs through July...more
Massachusetts Governor Charlie Baker has announced the state will lift its COVID-19 restrictions and adopt the Centers for Disease Control and Prevention’s (CDC) face covering guidance on May 29, 2021. The City of Boston...more
Massachusetts will reopen some outdoor Phase 4, Step 2 industries effective May 10, 2021, and put plans in place for further reopenings on May 29 and August 1, Governor Charlie Baker has announced. The City of Boston will...more
Massachusetts Governor Charlie Baker has announced the state will advance to Step 1 of Phase IV of its COVID-19 Reopening Plan on March 22, 2021. At that time, the state will enforce a scaled back Travel Advisory...more
3/19/2021
/ Arenas and Stadiums ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Governor Baker ,
Public Gatherings ,
Public Health ,
Quarantine ,
Re-Opening Guidelines ,
Social Distancing ,
Travel Restrictions ,
Travelers ,
Venue ,
Virus Testing
In an interesting turn foreshadowing a coming change in its leadership, the National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and...more
The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA)...more