Tag Archives: healthcare

Is your e-PHI Secure? ONC and OCR Update HIPAA Security Risk Assessment Tool

October 2018 marks the 15th annual National Cyber Security Awareness Month. In honor of this occasion, the Office of the National Coordinator for Health Information Technology (ONC) and the HHS Office for Civil Rights (OCR) have jointly launched an updated HIPAA Security Risk Assessment (SRA) Tool to help covered entities and business associates comply with … Continue Reading

Labor Department Independent Contractors Guidance Targets Home Care, Nursing, Caregiver Registries

In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry. Our colleagues in the Staffing & Independent Workforce team offer details on the July 13, 2018 guidance to Wage and Hour Division field staff on determining whether home care, nurse, or caregiver registries are employers under the … Continue Reading

Physician Pay Equity Issues Are Under the Microscope

As our blog reported on June 21, and as is the case across many industries, issues related to physician pay equity are receiving increased attention nationwide. Doximity’s 2018 Physician Compensation Report (its second annual report) contained key national findings on the gender wage gap that point to widespread disparities in physician compensation: The overall disparity … Continue Reading

American Medical Association Adopts Resolution to Promote Pay Equity

The healthcare industry is following other industries with an increased focus and growing sense of alarm over the gender pay gap. According to Doximity, in 2017, female physicians on average earned $105,000 (27.7%) less than male physicians.  Similarly, a 2016 study published in The Journal of the American Medical Association reported that female academic physicians … Continue Reading

Are You Accessible In Cyberspace?—Healthcare Is Not Immune From the Latest ADA Title III Trend

Public accommodation lawsuits under Title III of the Americans with Disabilities Act (ADA) have been around for years, but traditionally involve physical barriers such as narrow parking spots or access aisles, lack of elevators, and inaccessible restrooms.  Increasingly, these lawsuits are not just confined to brick-and-mortar accommodations, but involve cyberspace.  For example, individuals who are … Continue Reading

The Joint Commission Issues Seven New Workplace Violence Prevention Recommendations

Many healthcare workers experience violence in the workplace often resulting from violent behavior by their patients, clients and/or residents. What can healthcare organizations do to improve safety and minimize the risk of workplace violence? In an effort to help healthcare organizations better prevent and address violence in the workplace, The Joint Commission, the nation’s oldest … Continue Reading

“Your Own Cybersecurity Is Not Enough”: NJ Physician Practice Fined Over $400,000 for Data Breach Caused By Vendor

New Jersey’s Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs (“Division”) recently announced that a physician group affiliated with more than 50 South Jersey medical and surgical practices agreed to pay $417,816 and improve data security practices to settle allegations it failed to properly protect the privacy of more than 1,650 patients … Continue Reading

Health Apps: Convenience vs. Security Risks

The pace of innovation in healthcare today has produced an amazing increase in the number of available mobile apps for health-related information. More than 300,000 healthcare apps are available online. Our colleagues in the Workplace Privacy, Data Management & Security practice group discusses whether healthcare providers can tap into the available technology of “connectivity” and … 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

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

Tension Behind Patient-To-Nurse Staffing Ratio Highlighted By Union Initiative

Beginning this month, the Massachusetts Nurses Association (“MNA”) initiated a signature drive to support legislation requiring hospitals to limit the number of patients cared for by individual nurses.  The initiative is titled the “Patient Safety Act” and strictly would limit nurses in a medical/surgical unit to caring for 4 patients, nurses in emergency departments to … Continue Reading

Massachusetts Hospitals May Not Require Mandatory Overtime For Nurses Beginning November 4, 2012

Massachusetts’ new law prohibiting hospitals from requiring nurses who deliver patient care to work mandatory overtime will become effective this November 4, 2012.  Employers should take steps now to prepare for this change.  To read more about the new legislation, see Mandatory Overtime Bill For Hospital Nurses In Massachusetts Becomes Law.… Continue Reading
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