News & Analysis as of August 29, 2025

Medical Examinations

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OSHA Proposes Eliminating Medical Evaluation Requirement for Some Respirators

Parker Poe Adams & Bernstein LLP on 7/25/2025

As part of its deregulatory initiative on July 1, the federal Occupational Safety and Health Administration proposed deleting requirements for medical evaluations before employees are permitted to use certain classes of...more

New Informed Consent Guidance and Pharmacy Immunity

McCarter & English, LLP on 4/11/2024

New guidance released by the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) on April 1, 2024, clarified that hospitals will not be eligible for Medicare or Medicaid...more

EEOC Revises its COVID-19 Guidance, Again

Jackson Lewis P.C. on 5/16/2023

On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more

USCIS Removed 60-Day Rule for Form I-693

Cozen O'Connor on 4/6/2023

On Friday, March 31, 2023, U.S. Citizenship and Immigration Services (USCIS) announced it will be issuing policy guidance to remove the requirement that the civil surgeon’s signature on the Form I-693, Report of Immigration...more

Telehealth Practitioners Must Be Aware of the DEA’s Proposed New Rules for Prescribing Controlled Substances via Telemedicine

Fox Rothschild LLP on 3/31/2023

Telehealth practitioners must take note of the DEA’s proposed rule making that would impact the way telehealth practitioners can prescribe controlled substances. The Ryan Haight Act and the Proposed Rules-...more

DEA Proposes Rules for Permanent Pandemic Telehealth Flexibilities

Hendershot Cowart P.C. on 3/22/2023

Meta description: With the federal public health emergency (PHE) ending in May, changes to telehealth prescription rules are set to change. Read on to learn about proposed permanent changes. DEA Proposes Rules for...more

USCIS Extends Temporary Waiver for Medical Examinations (Form I-693)

Cozen O'Connor on 10/5/2022

On September 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would be extending the temporary waiver of the requirement that the civil surgeon’s signature on the Report of Medical Examination and...more

USCIS, DOS Race to Use Up Employment-Based Visa Allocations by End of FY 2022

Jackson Lewis P.C. on 7/19/2022

U.S. Citizenship and Immigration Services (USCIS) is trying to approve as many employment-based green card applications as it can before the annual deadline of September 30, 2022 (the end of the fiscal year)....more

USCIS Temporarily Waives 60-Day Rule for Civil Surgeon Signatures

Jackson Lewis P.C. on 12/16/2021

Applicants for Adjustment of Status to Permanent Residence will have more than 60 days after completing their medical examinations to file their Forms I-485 Adjustment of Status applications, USCIS has announced...more

Temporary Waiver of Civil Surgeon 60-day Signature Rule

Fox Rothschild LLP on 12/10/2021

U.S. Citizenship and Immigration Services (USCIS) recently announced the temporary waiver of the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, within a 60 day period...more

Major Immigration Law Changes in House’s Build Back Better Act

Jackson Lewis P.C. on 12/6/2021

The U.S. House of Representatives passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate with...more

State Agency: Wisconsin State Law Does Not Require Employers to Pay for COVID-19 Testing

Husch Blackwell LLP on 11/11/2021

On November 9, 2021, Husch Blackwell’s Labor and Employment practice group shared with the attendees of the 2021 Wisconsin Labor & Employment Virtual Series breaking news regarding Wisconsin state law and COVID-19 testing....more

Updated Guidance: COVID-19, ADA, Vaccinations, Religious Exemptions and EEO Laws

Rivkin Radler LLP on 11/4/2021

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is...more

COVID Vaccination Required for Immigration Medical Examinations

Laner Muchin, Ltd. on 10/19/2021

On September 14, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that, effective October 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19...more

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on 10/8/2021

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

USCIS Announces New COVID-19 Vaccination Requirement for Immigration Medical Examinations

Mintz - Immigration Viewpoints on 9/21/2021

Starting on October 1, 2021, any applicant for lawful permanent residence and other categories that require the immigration medical examination must be fully vaccinated against COVID-19. USCIS will implement this requirement...more

USCIS to Require COVID-19 Vaccinations for Green Card Applicants

UB Greensfelder LLP on 9/15/2021

U.S. Citizenship and Immigration Services (USCIS) announced today that, effective October 1, 2021, applicants subject to immigration medical examinations, including applicants for lawful permanent residence (green cards),...more

COVID-19 Vaccination Requirements And Changes To Medical Exam Validity For Those Seeking Green Cards

Tarter Krinsky & Drogin LLP on 9/2/2021

The Centers for Disease Control and Prevention (CDC) has mandated that all green card applicants for adjustment of status in the United States and immigrant visa applicants applying abroad at consular posts be vaccinated...more

Green Card Applicants Have To Get COVID Vaccine Starting October 1

Constangy, Brooks, Smith & Prophete, LLP on 8/30/2021

Effective October 1, COVID-19 vaccination will be included in the list of vaccines that are required as part of the medical examination that is an integral part of applying for a “green card.” The Centers for Disease Control...more

New Florida Laws Focus on Health Care

Akerman LLP - Health Law Rx on 7/16/2021

Before closing its 2021 session, the Florida Legislature passed several bills that impact health care. The first bill discussed below regarding civil liability became effective on March 29, 2021. The majority of the other...more

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on 6/2/2021

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Responding to Accommodation Requests From Unvaccinated Employees

Parker Poe Adams & Bernstein LLP on 5/7/2021

As more businesses move toward ending remote working arrangements, we have had a number of questions from clients with regard to employee requests to continue working from home for medical reasons. The employees cite a...more

Morrison & Foerster COVID-19 Policies Poll: Hesitation, Uncertainties, And Challenges Loom For Legal Leaders Over Return To Office

Morrison & Foerster LLP on 3/15/2021

One year after the World Health Organization declared the coronavirus outbreak a pandemic, more and more employers are discussing the possibility of returning to the office. However, many general counsel and leaders of legal...more

The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

Williams Mullen on 12/22/2020

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many...more

EEOC Releases Guidance for Employers on COVID-19 Vaccinations

Miles & Stockbridge P.C. on 12/18/2020

As news of a COVID-19 vaccine increased during the late fall, employers were anxiously awaiting EEOC guidance as to whether they could require employees to get vaccinated. While it will be several more months before the...more

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