News & Analysis as of

Americans with Disabilities Act (ADA) Healthcare

Stotler Hayes Group, LLC

Still Stuck in the (Utah) Gap: How the “Miller Trust” Punishes the Most Vulnerable

For those seeking Medicaid coverage to pay for their care in a skilled care setting, like a nursing home, the Medicaid process can be daunting. For institutional Medicaid approval, an applicant must prove that they are...more

Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Mexico Legalizes Medical Use of Psilocybin

On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and...more

Chambliss, Bahner & Stophel, P.C.

How To Get a Disabled Parking Permit

Disabled parking permits enable individuals with mobility issues to access businesses and public spaces more easily. Different types of disabled parking permits include permanent and temporary placards, license plates,...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

FordHarrison on

Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

McAfee & Taft

New ADA regulations issued on the accessibility of medical diagnostic equipment used by public entities

McAfee & Taft on

On August 9, 2024, the U.S. Department of Justice published a final rule implementing new ADA requirements for accessible medical diagnostic equipment (MDE) used in hospitals, emergency departments, physicians’ offices,...more

Epstein Becker & Green

Medical Diagnostic Equipment Accessibility Regulations Announced by DOJ Under Title II of ADA

Epstein Becker & Green on

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

Epstein Becker & Green on

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

Clark Hill PLC

The Learned Concierge - July 2024, Vol. 10

Clark Hill PLC on

The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Holland & Hart LLP

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.  The revised rules apply to all...more

Constangy, Brooks, Smith & Prophete, LLP

Mother's Day "pregnancy" quiz!

A lot has changed since Mother's Day 2023. Happy Mother's Day weekend, all, including you dads and kids (we couldn't have done it without you)! How much do you know about pregnancy in the workplace in 2023? Take our quiz...more

Burr & Forman

Proposed Revisions to Title II of the ADA Impacting Healthcare Facilities

Burr & Forman on

The Department of Justice recently published a notice of proposed rulemaking applicable to healthcare entities covered under Title II of the Americans with Disabilities Act that relates to accessibility to medical diagnostic...more

Seyfarth Shaw LLP

Ninth Circuit Green Lights Kiosk Accessibility Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind....more

Goldberg Segalla

Public Healthcare Providers Should Prepare for Department of Justice Rule on Accessible Medical Diagnostic Equipment for Disabled...

Goldberg Segalla on

Studies have shown that persons with disabilities are not being afforded equal access to medical care, including routine examinations, due to a lack of medical diagnostic equipment (MDE). A lack of accessible MDE impacts the...more

McDermott Will & Emery

New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities

McDermott Will & Emery on

The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Seyfarth Shaw LLP

Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more

Foley & Lardner LLP

Threat of Harm to Others — What’s an Employer to Do?

Foley & Lardner LLP on

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the...more

Bradley Arant Boult Cummings LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more

Burr & Forman

What Employers Need To Know in a Post-Roe World

Burr & Forman on

On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court...more

Proskauer - Proskauer For Good

Class Action Lawsuit Filed Against New York State for Failure to Provide Legally Required Mental Health Services to...

Proskauer, in conjunction with attorneys from Children’s Rights, Disability Rights New York, and the National Health Law Program, have filed a class action lawsuit against New York officials in response to the mental health...more

Holland & Hart - The Benefits Dial

Talk About Bruno . . . Health Plan Premium Surcharges & Vaccination Status

Last week, the US Supreme Court blocked the OSHA standard requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect (more info here). With the fate of that standard likely...more

Holland & Hart - Health Law Blog

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully...more

Verrill

Myth Buster: Employers, Vaccine Information, and HIPAA

Verrill on

With the nation’s ongoing focus on COVID-19 vaccinations, you may be hearing information—and misinformation—about your obligations under HIPAA, the federal Health Information Portability and Accountability Act. In this...more

Bradley Arant Boult Cummings LLP

Alexa, Are You Allowed to Be Here? Considerations for Drafting Virtual Assistant Policies for Long Term Care Facilities

Virtual assistants such as Amazon’s Alexa, Facebook’s Portal, Google’s Nest Hub, and countless others continue growing in popularity as families navigate safely remaining connected with their loved ones receiving long-term...more

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