Archives: Healthcare

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Department of Labor’s Latest FAQs Expand “Health Care Providers” and Define “Emergency Responders” Under FFCRA

The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020.  To see earlier reports on these FAQs, see our blog posts on March 24th and March 27th. The latest FAQs (we are … Continue Reading

OCR HIPAA Guidance For Getting PHI of COVID-19 Exposed Individuals to First Responders

With first responders on the front lines of helping to fight the coronavirus, sharing information about potential exposure to COVID-19 is critical to protecting them and preventing further spread. In these situations, the information shared is most often “protected health information” (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. … Continue Reading

OSHA Offers Employers ‘Guidance on Preparing Workplaces for COVID-19’

The Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) have issued guidance to help employers monitor and respond to the spread of novel coronavirus (COVID-19). OSHA has a webpage dedicated to COVID-19 that provides background on the virus and identification of potential exposure hazards, as well as details … Continue Reading

HIPAA Privacy Rule Waiver, Other Medical Information Questions During the COVID-19 Pandemic

As the coronavirus spreads across the globe and in the United States, providers, businesses, employers, and others are struggling to understand what medical information they can collect and what information they can share. These are difficult questions the answers to which involve considering factors such as long-standing compliance requirements (e.g., HIPAA, ADA, GINA, state law), … Continue Reading

FLSA Collective Action Trimmed Because Court Lacked Specific Jurisdiction

Plaintiffs who assisted physicians, nurses, and others with transitioning to new computerized patient-management systems in hospitals and other health care facilities nationally were denied FLSA conditional certification to the extent the plaintiffs sought to include workers who were not assigned to a Minnesota project at issue or not Minnesota residents due to specific jurisdiction considerations. … Continue Reading

Coronavirus Raises Privacy Concerns for Healthcare Providers and their Workers

The outbreak of a new coronavirus that is believed to have began in central Chinese city of Wuhan and now appears to be spreading to the United States is driving concerns for organizations around preparedness regarding their operations, their customers, and their employees. In the healthcare sector, as with prior contagious disease outbreaks, fears about … Continue Reading

Top Trends to Look For in Healthcare in 2020

Rapid Emergence of Consumerism Healthcare consumers continue to pay more and more toward their out-of-pocket healthcare costs, driving a shift away from volume-based compensation models toward outcomes-based payment arrangements. By all accounts, meaningful consumerism in the healthcare market is rapidly emerging. Historically, healthcare transactions were business-to-business encounters with traditional healthcare business processes that tended to … Continue Reading

H-1B Visa Processing Delays Underscored by Extraordinary Need for Healthcare Workers

Processing delays for immigration cases have increased by 46 percent in the past two fiscal years and 91 percent since FY 2014. One healthcare staffing company has sued Department of Homeland Security and U.S. Immigration and Citizenship Services, alleging the delays in issuing H-1Bs “is impairing [their] ability to effectively and efficiently meet the medical … Continue Reading

Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients

Title VII of the Civil Rights Act requires healthcare employers to protect their medical staff and employees from harassment and discrimination and respond to any such behaviors swiftly and effectively, even if the actor is a patient, rather than a coworker or supervisor. A decision from the U.S. Court of Appeals for the Fifth Circuit … Continue Reading

Two Federal Courts Strike Down Health and Human Services ‘Conscience Protection Rule’

Two federal courts have struck down the U.S. Department of Health and Human Services’ (HHS) “Conscience Protection Rule,” which was slated to go into effect on November 22, 2019. The Rule purported to enforce pre-existing “conscience laws” that protect the rights of certain employees of healthcare institutions that receive federal funds to refuse to participate in … Continue Reading

Religious Accommodation and Patient Safety in Healthcare Industry

During a recent webinar, our Healthcare team provided practical case studies with clear takeaways and best practices for reasonably accommodating employees’ sincerely-held religious beliefs without compromising patient safety. You can watch the webinar recording at your convenience. Additionally, the team compiled a list of frequently asked questions about Title VII of the Civil Rights Act reasonable … Continue Reading

Pay Equity Challenges Continue: EEOC Sues Nursing Home for Paying Female Nurse Less

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 physician responses on income and 1,300 responses on household responsibilities. The … Continue Reading

OCR Recognizes Insider Threats to HIPAA PHI, You Should Too

As we have observed here, news reports of security risks, hackings and breaches caused by individuals, terror groups or even countries around the world certainly are important and can be unsettling. But, for many organizations, including healthcare providers and business associates, a significant and perhaps more immediate area of data risk is malicious insiders. On … Continue Reading

Mandatory Nurse-to-Patient Staffing Ratios: Is Your State Next?

Healthcare facilities in California have been required to adhere to mandatory nurse-to-patient ratios since 2004. These ratios vary depending upon the degree of patient care involved. More recently, Massachusetts passed a law requiring mandatory staffing minimums in the state’s ICU’s. Other states are considering jumping on the bandwagon. A California-like bill is currently pending in … Continue Reading

Healthcare Organizations, Is Your Patient Portal Secure?

While healthcare organizations are embracing new technologies such as patient portals, a recent report shows that organizations’ cybersecurity measures for these technologies are behind the times. A patient portal is a secure online website that allows patients to access their Electronic Health Record from any device with an Internet connection. Many patient portals also allow … Continue Reading

New California Law Allows Sharing of Home Care Aides’ Contact Information with Unions on Demand

A controversial amendment to the California Home Care Services Protection Act (Home Care Act) requires the state Department of Social Services (DSS) to provide the names, phone numbers, and addresses of new or renewing registered home care aides (HCAs) to labor unions on request, unless the aides opt out. The new law, which raises concerns over … Continue Reading

New York Expands Telemedicine Regulations

The authorized use of telehealth to deliver mental health services to New Yorkers has been expanded by amendments to the state Office of Mental Health’s (OMH) Telemental Health Services regulations increasing the types of professionals who may provide care and the places where care recipients can be treated. Our colleagues in the Health Law and Transactions … Continue Reading

Hospital Settles Claim of Religious Discrimination Based on Applicant’s Refusal of Flu Vaccine

The EEOC announced that it reached a $74,418 settlement with a hospital in Owosso, Michigan, to settle a religious discrimination lawsuit the agency had filed under Title VII against the hospital in U.S. District Court for the Eastern District of Michigan. See https://content.govdelivery.com/accounts/USEEOC/bulletins/24d7ec9; and https://www.eeoc.gov/eeoc/newsroom/release/2-14-18.cfm. The plaintiff in the case, Yvonne Bair claimed she applied … Continue Reading

Vermont Court Finds Patient Can Sue Hospital and an Employee for Breach of Confidentiality

In a landmark ruling, the Vermont Supreme Court recently held that a patient had standing to sue both the hospital at which she was a patient and the employee who attended to her, for negligent disclosure of her personal health information to a third-party. Neither the Health Insurance Portability and Accountability Act (HIPAA) nor Vermont … Continue Reading

Three Tips to Investigate Harassment Complaints When You Are Not “the Employer”

The healthcare setting involves many potential “joint employer” landmines, as hospitals often have outside vendors providing services (i.e. food service, laundry service) inside their facilities. Employment and labor law is in flux regarding the “joint employer” standard. See (NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard); (Department of Labor Proposes Updated Interpretation of Joint Employer Standard … Continue Reading

New York City Ban on Pre-Employment Drug Testing Won’t Apply to (most) Healthcare Workers

On May 10, 2019, a bill amending New York City’s administrative code related to prospective employee drug-testing officially became law for New York City employers. While the law does not go into effect until May 10, 2020, it is the first of its kind in the nation. The law prohibits employers from requiring applicants to … Continue Reading

House Pushes OSHA to Create a Standard Concerning Workplace Violence in the Healthcare Sector

Members of the House of Representatives recently introduced legislation that would require the Department of Labor to promulgate a standard addressing workplace violence in the healthcare and social service industries. Under the bill, the standard would need to include requirements for employers in the healthcare and social service industries to develop comprehensive plans protecting workers … Continue Reading

Sexual Harassment in Hospitals: Interns, Residents, Students, Attending Physicians: How to Navigate a Troublesome Problem Among a Diverse Workforce

Much has been written lately about the #MeToo movement and its presence in workplaces as diverse as universities, movie and TV studios. Hospitals are no exception. Savvy employers know that hospitals—large facilities that employ people of all educational backgrounds, races, religions, sexual orientations, ages, and more—can be ground zero for sexual harassment at any time. … Continue Reading
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