News & Analysis as of

Department of Health and Human Services (HHS) Reasonable Accommodation

Kohrman Jackson & Krantz LLP

Current Considerations About COVID-19 in the Workplace

The COVID-19 Public Health Emergency officially ended on May 11, 2023, when the Department of Health and Human Services allowed the federal Public Health Emergency for COVID-19 to expire, but people are still getting...more

Spilman Thomas & Battle, PLLC

DHHS and New Disability Protections Under Section 504

The Department of Health and Human Services (DHHS) plays a critical role in ensuring that all individuals have access to necessary healthcare and social services, regardless of their disabilities. One of the key regulations...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

Lathrop GPM on

On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...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

Constangy, Brooks, Smith & Prophete, LLP

Is Biden about to make marijuana legal?

If so, what will that mean for employers? Yesterday, President Biden announced that he was pardoning everyone who was criminally convicted of simple possession of marijuana under federal law. He's also asked state governors...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

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

BakerHostetler on

​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

Rumberger | Kirk

Long Haul COVID-19 and the ADA: What Employers Should Know

Rumberger | Kirk on

As we prepare to enter into year three of the COVID-19 pandemic, we thankfully have made important advances with vaccines and boosters to curb the threat of severe illness and death from COVID-19. For most, the effects of a...more

Mintz - Employment Viewpoints

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Foley & Lardner LLP

Long COVID: The Long (and Short) of Compliance with the ADA

Foley & Lardner LLP on

As employers continue to navigate through the challenges of the COVID-19 pandemic, government agencies, such as the U.S. Equal Employment Opportunity Commission (EEOC) have been instrumental in issuing guidance that allows...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

Verrill

Employee Benefits & Executive Compensation 2021 Summer Client Advisory

Verrill on

This Client Advisory summarizes developments in the law governing employee benefit plans prompted by the COVID-19 pandemic. We explain what these developments mean for plan sponsors and highlight the need to adopt plan...more

Hinshaw & Culbertson - Employment Law...

Guidance on Intersection Between ADA Workplace Accommodation and COVID Long-Haulers

Employees and employers now find themselves well into year two of a global pandemic. Unfortunately, some people who contract COVID-19 do not fully recover. Known as "COVID long-haulers," these individuals suffer from a range...more

Sherman & Howard L.L.C.

Long-Haul COVID Symptoms May Qualify As A “Disability” Under The ADA

Employees with long-term COVID-19 symptoms may be protected under the Americans with Disabilities Act (“ADA”) if their condition substantially limits one or more major life activities. President Biden announced guidance on...more

Kelley Drye & Warren LLP

COVID CONSIDERATIONS: Long COVID Now a Disability

It seems that at every turn, COVID-19 is keeping employers from catching their breath. We’ve discussed on this blog how employers should navigate having employees work from home, reopening and remaining compliant with the law...more

Husch Blackwell LLP

Long COVID As A Disability Under Federal Anti-Discrimination Laws

Husch Blackwell LLP on

On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled...more

DirectEmployers Association

OFCCP Week In Review: August 2021

“The history of the ADA did not begin on July 26, 1990, at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and...more

McAfee & Taft

Biden Administration releases guidance classifying ‘long COVID’ as a potential disability

McAfee & Taft on

On July 26, 2021, the Biden Administration announced that “long COVID” – a condition in which some people continue to experience COVID symptoms long after the acute phase of infection –could be considered a disability under...more

Ward and Smith, P.A.

The Carrot, Not the Stick: May Employers Legally Offer Employees Incentives To Get Vaccinated?

Ward and Smith, P.A. on

Last month, the Department of Health and Human Services – Centers for Disease Control and Prevention ("CDC") updated its COVID-19 guidance for fully vaccinated individuals.  The updated guidance provided that fully...more

Arnall Golden Gregory LLP

The COVID-19 Vaccine and Healthcare Employers: To Mandate or Not to Mandate?

With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more

Fisher Phillips

Medical Marijuana In Missouri: New Law Brings New Questions For Employers

Fisher Phillips on

Missouri voters approved Amendment 2 on Election Day 2018, one of the three medical marijuana measures appearing on the state’s ballot. Amendment 2 adds an article to the Missouri Constitution legalizing medical use of...more

Roetzel & Andress

Florida Medical Marijuana Law Will Take Effect January 2017

Roetzel & Andress on

Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law...more

Roetzel & Andress

The Florida Medical Marijuana Law and Your Community Association - What You Need to Prepare For

Roetzel & Andress on

With the recent passing of the Florida Medical Marijuana Law, there are two primary concerns for community associations and country clubs as it relates to this new amendment: - Do you have rules in place regarding usage...more

Fisher Phillips

Medical Marijuana Comes To Arkansas

Fisher Phillips on

After a narrow defeat of a medical marijuana proposition four years ago in socially conservative Arkansas, this year’s election result means that Arkansas will soon join many other states and become the first in the so-called...more

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