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EEOC’s Notice Pleading Survives Motion to Dismiss in Failure to Accommodate and Wrongful Termination Suit

A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc. (“Advance”). The plaintiff was discharged after she could not return to work without restrictions following exhaustion of her FMLA leave. … Continue Reading

“Vaccinate” Your Mandatory Flu Shot Policies Against Litigation

As we have just survived one of the worst flu seasons in recent memory, now is a good time to consider whether you should implement or revise a mandatory flu shot policy for 2018.  The Center for Disease Control and Prevention recommends all United States healthcare workers obtain annual flu vaccines.  While many healthcare employers … Continue Reading

Why the Healthcare Industry Should Pay Particular Attention to Drug and Alcohol Issues in the Workplace

While all employers struggle with navigating the ever-changing landscape of drug and alcohol issues in the workplace, healthcare employers should pay particularly close attention. According to the annual Quest Diagnostics Drug Testing Index, illicit drug use among U.S. employees continues to rise, resulting in the highest drug test positivity rates in the last 12 years. … Continue Reading

Cost-Benefit Analysis 101 for Healthcare Providers

Healthcare entities (and their business associates) face stiff financial penalties for breaches resulting from the internal operations of the healthcare provider: $150,000 for a lost, unencrypted flash drive, $750,000 for sending an administrative service provider PHI without a signed BAA, and $2.5 million for a stolen laptop, just to name a few. Our colleagues in … Continue Reading

Affirmative Action Training May Be Your Best Friend

Many hospitals and healthcare facilities are federal contractors. Jackson Lewis regularly provides specialized assistance in developing and implementing affirmative action plans (AAPs). Some of the specific services we offer include: Identifying pertinent labor market areas and analyzing census-related statistical data Providing sample plan texts, notices, letters and policy statements Preparing utilization and availability analyses Conducting … Continue Reading

Navigating the Waters of Late Age Physician Testing

Rheumatologist Ephraim Engleman practiced medicine until he died at age 104 in 2015. Although Dr. Engleman’s story is atypical, as our colleagues who attended the American Health Lawyers Association’s 2018 Physicians and Hospitals Law Institute reported, and the Association of American Medicine Medical College’s November 2017 State Physician Workforce Data Report confirms, an increasing number … Continue Reading

Top 7 Legal Challenges Facing Physicians and Hospitals

The American Health Lawyers Association’s 2018 Physicians and Hospitals Law Institute in New Orleans focused on the legal challenges faced by physicians and hospitals. Here are the Jackson Lewis Healthcare Industry Team’s “Top 7” takeaways from the attorneys who attended the conference: Healthcare and labor & employment law are hot. According to Law360, Labor & … Continue Reading
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