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Appeals Court Finds No Breach of Settlement Agreement by Hospital Disclosing Nursing Board Report to Prospective Employer of Former Employee

A hospital did not breach its settlement agreement with a former employee when it disclosed to a prospective employer that it reported her to the New Jersey Board of Nursing (the “Nursing Board”), a federal appeals court has ruled.  Debra Weisman, et al. v. New Jersey Dept. of Human Servs., et al., No. 13-4656 (3d … Continue Reading

Hospital Had No Duty to Future Patients of Formerly Employed Physician Practicing at Unrelated Hospital, Massachusetts Court Holds

A hospital owed no duty of care to future patients of a physician who had left its employ and resumed practicing medicine with another employer, the Massachusetts Supreme Judicial Court has ruled.  Robert Roe, et al. v. Children’s Hospital Medical Center, SJC-11533 (Mass. Oct. 1, 2014). From 1966 until 1985, Melvin Levine, a pediatric physician, … Continue Reading

NLRB Continues To Apply And Expand Specialty Healthcare

This week, the NLRB issued a long-awaited decision in Macy’s, Inc., 361 NLRB No. 4 (July 22, 2014).  The Board had invited and considered amicus briefs from interested parties.  In the case, the Board considered the application of Specialty Healthcare in a retail setting. The union filed a petition with the NLRB to represent only … Continue Reading

NLRB ALJ Finds Hospital Has Duty to Disclose Information on Effects of ACA on Hospital’s Business

A hospital that failed to supply relevant information to the union representing its nurses concerning the effects of the Affordable Care Act (ACA) on the hospital’s business has committed unfair labor practices in its CBA negotiations with the union, NLRB Administrative Law Judge Jay Pollack has ruled.  Sutter East Bay Hospitals d/b/a Sutter Delta Medical … Continue Reading

DOJ Barrier-Free Health Care Initiative Picking Up Steam

Written by Joseph J. Lynett. The U.S. Department of Justice (DOJ), as part of its Barrier-Free Health Care Initiative, announced  it has reached multiple settlements with health care providers concerning access to services for persons who are deaf.  These include a hospital, rehabilitation centers, an ear, nose and throat practice, and a sports medicine center.  … Continue Reading

NLRB Defers to Arbitration Award Denying Backpay, Declines Request to Revisit Precedent

The NLRB Acting General Counsel’s latest effort to limit the effect of arbitration awards, even though they may be acceptable to the charged party against whom related unfair labor practice charges are pending before the agency (often the employer), has come up short. The NLRB Acting General Counsel’s 2011 “Guideline Memorandum Concerning Deferral to Arbitral Awards … Continue Reading

Hospitals Servicing Federal Employees through Provider Agreement with HMO Covered by Affirmative Action Regulations

The Office of Federal Contract Compliance Programs (OFCCP) has jurisdiction over three hospitals receiving payments from a health plan for providing medical services to U.S. government employees, a U.S. District Court for the District of Columbia judge has confirmed. UPMC Braddock v. Harris, No. 09-1210 (D.C. D.C. Mar. 30, 2013). The decision is the latest … Continue Reading

Health Care Industry Group Testifies at Congressional Hearing on Shortage of Healthcare Workers

On March 14, 2013, a member of the American Health Care Association (AHCA) testified before the House Education and Workforce Committee’s subcommittee on Workforce Protections hearing on the critical shortages of mid-level caregivers in the nation’s skilled nursing centers and its impact on the economy.  Click here for more information from Jackson Lewis’ Immigration Blog.… Continue Reading

False Claims Act Allegations Settled for $2.3 Million

The Department of Justice has announced a $2.3 million settlement for alleged double billing violations of the False Claims Act. According to the DOJ press release, a children's genetic services clinic agreed to pay $1.5 million and a radiology group that read and interpreted genetic ultrasounds for the clinic agreed to pay an additional $800,000 to settle the alleged FCA violations. The settlement resolved a qui tam case brought by the radiology group's former revenue manager and coding compliance officer under the FCA.… Continue Reading

U.S. Department of Labor Wage and Hour Division Recoups $2.1 Million Dollars For Residential Care Workers.

The U.S. Department of Labor reportedly has recouped $2.1 million dollars in back wages as a result of an ongoing enforcement initiative which, to date, involved investigation of 200 residential care facilities within the jurisdiction of its North Carolina District Office.  The DOL reported finding “widespread violations” of the Fair Labor Standards Act minimum wage, … Continue Reading

Breaking News: NLRB Posting Rule Postponed

The National Labor Relations Board has just announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act. The rule had been scheduled to go into effect on November 14th. Now, the rule will be effective on January … Continue Reading

DISTRICT COURT DENIES NURSES’ BID FOR COLLECTIVE ACTION ON ALLEGED MEAL BREAK VIOLATIONS

A group of nurses and nurses’ assistants alleging that their employer, a health care system, violated the Fair Labor Standards Act by failing to compensate them for interrupted meal periods filed a collective action in behalf of themselves and other similarly situated employees.  Usually, at the early, “notice” stage  a court only  requires a preliminary … Continue Reading

WASHINGTON MANDATES PROTECTION FOR HEALTHCARE WORKERS HANDLING CHEMOTHERAPY DRUGS

Washington has become the first state in the nation to require protection for healthcare workers who handle, administer and dispose of chemotherapy drugs.  This new law addresses concerns raised both by OSHA and NIOSH, which recommend that precautions be taken when handling these drugs.   OSHA calls for development and implementation of a “Hazardous Drug Safety … Continue Reading
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