December 2010

Responding to healthcare providers’ concerns about the need for more flexibility in the direct supervision of hospital outpatient services, the Centers for Medicare & Medicaid Services (CMS) issued a final rule to update policies concerning physician supervision requirements for hospital outpatient services.  The 2011 Outpatient Prospective Payment System (OPPS) Final Rule became effective January 1…

The use of credit checks by employers as an employment selection criterion is under scrutiny both federally and at the state level.  The U.S. Equal Employment Opportunity Commission, on October 20, 2010, met to review potential policy implications of employers’ use of such credit checks.  The agency has already brought a legal challenge to the…

In McCann v. Iroquois Mem. Hosp., No. 08-3420 (7th Cir. September 12, 2010), the Seventh Circuit Court of Appeals addressed Plaintiffs’ allegations that the Hospital, its Board and CEO violated the Federal Wiretap Act, 18 U.S.C. § 2511, 2520, and various state laws.  According to the Hospital, a doctor inadvertently left his dictation…

In Clark v. Chickasaw County, Mississippi, d/b/a Shearer-Richardson Memorial Nursing Home,[1] a full-time Certified Nurses Assistant (“CNA”) alleged discrimination on the basis of her race (Black) and retaliation for having made complaints of discrimination.  Ms. Clark complained to the Administrator of the Nursing Home regarding what she believed to be discriminatory practices by…