News & Analysis as of

Long Term Care Facilities Employer Liability Issues

Littler

Ontario, Canada Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes

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In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy) requiring employees in...more

Littler

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

Littler on

In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

Wilson Sonsini Goodrich & Rosati

CMS to Require COVID-19 Vaccines by January 4, 2022 for Many Healthcare Staff

On November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an Interim Final Rule (IFR) with Comment Period, 86 Fed. Reg. 61555 (Nov. 5, 2021), requiring mandatory COVID-19 vaccination of staff of many...more

Littler

Ontario, Canada Announces Mandatory COVID-19 Vaccination and Testing Requirements for Long-term Care Homes

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With the Delta variant putting residents and staff in long-term care homes at risk of contracting COVID-19, on October 1, 2021, Ontario announced certain mandatory vaccination and randomized testing requirements....more

Burr & Forman

President Biden Announces Plan to Expand Vaccination Requirements for Healthcare Settings

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On September 9, 2021, President Biden announced a six-pronged, comprehensive plan to combat COVID-19 and its variants. One prong of that plan includes expanding vaccination requirements for Medicare and Medicaid-certified...more

Littler

British Columbia, Canada Announces Vaccination Requirement for Workers in Long-term Care and Assisted Living Facilities

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British Columbia recently announced new public health requirements regarding COVID-19 vaccinations for those working at long-term care and seniors’ assisted living facilities.  In the announcement, Dr. Bonnie Henry, British...more

Littler

New York State Requires Healthcare Workers to be Vaccinated Against COVID-19

Littler on

On August 16, 2021, New York Governor Andrew Cuomo announced that all healthcare workers in New York State, including staff at hospitals and long-term care facilities such as nursing homes, adult care facilities and other...more

Poyner Spruill LLP

SHORTS on Long Term Care - News for the North Carolina LTC Community - May 2021

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Considerations for Employers: COVID-19 Vaccinations and Updated Workplace Safety Protocols - As COVID-19 vaccines are being administered across the country, facilities are implementing vaccination plans for their...more

Butler Snow LLP

Long-Term Care Facilities: OSHA Monitors Employer Weekly Reports to CMS

Butler Snow LLP on

OSHA is pursuing a new avenue to identify potential employer violations related to COVID-19 employee deaths at long-term care facilities: employers’ CMS data. In May 2020, the Centers for Medicare & Medicaid Services...more

Proskauer - Law and the Workplace

OSHA Issues Second Set of Coronavirus-Related Citations

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has now issued its second set of coronavirus-related citations, this time against an Ohio health-care company.  OSHA inspected three of the...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 9

This ninth edition of Unprecedented, our weekly update on COVID-19-related litigation, continues to be dominated by shutdown challenges and workplace injury and wrongful death claims. But as governments discuss contact...more

Pierce Atwood LLP

COVID-19: Plan Now For Bringing Back Your Workforce – Part IV

Pierce Atwood LLP on

Update on High-Risk Workers and Developments at OSHA & CDC - In our alert series, Plan Now for Bringing Back Your Workforce, we’ve explored the importance of creating an OSHA-compliant Infectious Disease Preparedness and...more

Epstein Becker & Green

New York and New Jersey Require COVID-19 Staff Testing at Long-Term Care Facilities

Epstein Becker & Green on

To limit exposure and reduce the spread of COVID-19, New York and New Jersey are requiring long-term care facilities to implement testing for staff....more

Sheppard Mullin Richter & Hampton LLP

Strategies in Responding to COVID-19: Expanding Scope of Practice to Increase Patient Access to Healthcare

As the COVID-19 pandemic continues and our health system is pushed to and beyond capacity, lawmakers and stakeholders are assessing different ways to handle the incredible volume of patients suddenly needing care. One...more

Baker Donelson

Shaping the Workforce: Emerging Trends for Long Term Care Employers

Baker Donelson on

The quality of long term care service is directly tied to the quality of employees providing that care. To ensure the best possible outcomes for residents, long term care providers must build and maintain an effective,...more

Poyner Spruill LLP

Shorts on Long Term Care - May 2018 - News for the North Carolina LTC Community

Poyner Spruill LLP on

Finding and Fixing Your Own Noncompliance - During the 2016 Legislative Session, the N.C. Assisted Living Association (NCALA) was instrumental in bringing about passage of House Bill 667 which modified existing law on...more

Baker Donelson

Faulty Issues With No Fault Attendance Policies

Baker Donelson on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

Williams Mullen

[Event] Long-Term Care Conference - October 18th, Richmond, VA

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Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,...more

Perkins Coie

California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage Claims

Perkins Coie on

Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses...more

Polsinelli

Most States Delayed in Implementing Long-Term Care Background Check Program, OIG Finds

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The Office of Inspector General’s (OIG’s) recent report found significant delays in states’ implementation of a background check program for long-term care employees. Because the interplay between Ban the Box laws and...more

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