Join Suzannah Wilson Overholt and Moses Suarez for a discussion of federal guidance impacting compliance programs in the health care setting and critical steps in implementing those programs, including the roles of risk...more
7/3/2024
/ Chief Compliance Officers ,
Chief Risk Officers (CRO) ,
Compliance ,
Compliance Commitees ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Human Resources Professionals ,
Risk Management ,
Webinars
On April 22, 2024, Doctor using Ipadthe Centers for Medicare & Medicaid Services (CMS) finalized minimum staffing requirements for nursing homes that participate in Medicare and Medicaid. As we noted previously, the rule was...more
Conscientious objection in health care is the refusal of a health care professional to provide or participate in the delivery of a legal, medically appropriate health care service to a patient because of personal beliefs. ...more
2/27/2024
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
Medicaid ,
OCR ,
Religious Beliefs ,
Right of Conscience ,
Transgender
The Centers for Medicare and Medicaid Services (CMS) has increasingly focused its efforts on investigating hospital emergency departments for potential violations of the Emergency Medical Treatment and Labor Act (EMTALA),...more
Recent Indiana legislative sessions have limited the ability of health care entities to enter non-compete agreements with physicians, and the impact of that legislation is starting to be seen.
By way of background, prior...more
On May 1st, the Centers for Medicare and Medicaid Services (CMS) announced investigations into two hospitals that did not provide necessary stabilizing treatment to a pregnant individual experiencing an emergency medical...more
The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging...more
There is an ever increasing awareness of mental health issues in the workplace, especially since mental health issues can lead to hazardous working conditions. But what responsibility does an employer have to address these...more
On February 15, 2023, in Chamber of Commerce of the United States of America et al. v. Bonta et al., a panel of the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (“FAA”) preempts a state...more
Join us on Wednesday, September 21 at noon for a live-stream of our Eighth Annual Labor & Employment Fall Seminar as we discuss hiring, onboarding and retention. Our attorneys will discuss everything from the initial...more
7/26/2022
/ Background Checks ,
Best Practices ,
Bonuses ,
Compensation ,
Diversity ,
Drug Testing ,
Employee Benefits ,
Employee Retention ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
Job Offers ,
Non-Compete Agreements ,
Wage and Hour ,
Webinars
Since the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, in which the Court determined that the authority to regulate abortion rests with the political branches, i.e. legislatures, and not the courts,...more
Early in the COVID-19 pandemic, CMS enacted several temporary waivers in an effort to give health care providers flexibility to respond to the pandemic. On April 7, CMS announced that it would be phasing out some of these...more
As employers continue to face staffing issues posed by the “great resignation,” using independent contractors has become more common. However, health care entities need to be mindful of the special requirements that apply to...more
On January 14, CMS issued guidance regarding when the COVID-19 vaccine mandate for health care workers will be enforced in the 24 states affected by the Supreme Court’s ruling issued the previous day. Those states are...more
Ending months of uncertainty, today the Supreme Court issued its decision allowing CMS to enforce its vaccine mandate for healthcare workers. The Court’s decision stays the injunctions entered by federal courts in Missouri...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In the ongoing saga of the federal government’s attempts to impose vaccine mandates on certain sectors, on Wednesday, December 15, the United States Court of Appeals for the Fifth Circuit concluded that the nationwide...more
On Tuesday, November 30, Louisiana federal district Judge Doughty issued a nationwide injunction against implementation of Centers for Medicare & Medicaid Services’ (CMS) vaccine mandate for health care workers. Judge...more
On Monday, November 29, U.S. District Judge Matthew T. Schelp, issued a preliminary injunction stopping the Centers for Medicare & Medicaid Services’ (CMS) vaccine mandate for health care workers until the court can hear the...more
Thursday, November 4th the Centers for Medicare & Medicaid Services (CMS) released its interim final rule requiring all employees and certain suppliers of most Medicare and Medicaid certified providers to be fully vaccinated...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Health Care Providers ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
Religious Accommodation ,
Vaccinations ,
Vendors
As many employers begin implementing COVID-19 vaccine mandates, they are receiving a large number of employee requests for exemption from the vaccine for religious reasons. Before this week there was no direct guidance from...more
Now that the Delta variant is surging, employers are venturing into the arena of mandating that their employees take the COVID-19 vaccine. But deciding to mandate vaccination and actually implementing such a requirement is no...more
Congress is turning its attention to President Biden’s $1.9 trillion economic stimulus package, which is called the American Rescue Plan. Because the package includes enhanced unemployment benefits that are currently set to...more
2/18/2021
/ Child Care ,
Coronavirus/COVID-19 ,
Economic Stimulus ,
FEMA ,
Joe Biden ,
Minimum Wage ,
Paid Leave ,
Restaurant Industry ,
Unemployment ,
Vaccinations ,
Workplace Safety
In follow-up to our previous blog regarding mandating the COVID-19 vaccine in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) has now issued guidance addressing that very issue. According to the...more
Indiana Governor Eric Holcomb announced new coronavirus restrictions on November 13 that took effect on November 15, 2020 and continue through December 12, 2020. All businesses are allowed to be open subject to the...more
11/18/2020
/ Coronavirus/COVID-19 ,
Governor Holcomb ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Gatherings ,
Public Health ,
Quarantine ,
Social Distancing ,
Workplace Safety
With the prospect of an FDA approved COVID-19 vaccine on the horizon, employers are already wondering whether they will be able to require their employees to get the vaccine. Because the pandemic has caused changes in other...more