News & Analysis as of August 3, 2025

Health Care Providers

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Getting Too Personal? Illinois Court Says Family Medical History is Genetic Information

Robinson+Cole Data Privacy + Security Insider on 5/23/2025

On May 15, 2025, a district court in Illinois denied a motion by defendant Hospital Sisters Health System and Saint Francis (HSHS) to dismiss a class action claim brought against the hospital system under the Illinois Genetic...more

SB 1451 Updates Some Requirements for 103 and 104 Nurse Practitioners

Hanson Bridgett on 4/2/2025

Nurse practitioners who practice pursuant to Sections 2837.103 and 2837.104 of the California Business and Professions Code may practice independently, without standardized procedures, in certain settings....more

Physician Recruitment: How Hospitals Can Comply With Stark Law While Recruiting Top Talent

Dickinson Wright on 8/23/2023

Hospitals play a vital role in ensuring the well-being of communities by recruiting and employing skilled physicians. However, physician recruitment in compliance with the Stark Law can be a complex task for hospital...more

The Top 18 Workplace Law Stories from March 2022

Fisher Phillips on 4/7/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Enforceability of Physician Non-Compete Agreements

Jackson Lewis P.C. on 10/8/2021

Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. Some states have broad interpretations of...more

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

CDF Labor Law LLP on 9/7/2021

CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Prescription Practices Called into Question: Iowa Court Applies Four-Factor Test to Physician’s Defamation Claim Based on Report...

Polsinelli on 8/2/2021

The Supreme Court of Iowa recently reversed the judgment of a district court and remanded the matter with instructions to enter summary judgment in favor of Hamilton County Public Hospital, operating as Van Diest Medical...more

Independent Contractor vs. Employee: Federal Appeals Court Instructs How to Structure Physician Agreements To Avoid...

Fisher Phillips on 11/5/2020

While the use of independent contractors in the healthcare industry has been a longstanding practice, it is now front and center as the gig economy continues to expand across several industries and the preference for...more

Reconsidering Religious Accommodations In Light Of The Pandemic

Fisher Phillips on 8/6/2020

With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more

Med-Staff Newsletter - September 2019 | VOL 3

Polsinelli on 9/20/2019

Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Florida’s HB 1243 Stalls, but Restrictive Covenant Provisions Move Forward

McDermott Will & Emery on 5/9/2019

Florida’s HB 1243, with its proposed reporting requirements that would have directly affected timelines for health care transactions, particularly those involving hospitals or medical practices with four or more physicians,...more

OIG's List of Excluded Individuals/Entities – What Employers Need to Know

Baker Donelson on 4/22/2019

OIG maintains a list of all currently excluded individuals and entities called the "List of Excluded Individuals/Entities," or LEIE. Covered entities that hire – or continue to employ or work with – an individual or entity on...more

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on 2/11/2019

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

7 Steps To Sever Ties With An Employed Physician

Fisher Phillips on 11/6/2017

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more

Blocked Shot? Employer Runs into Religious Issues with Mandatory Flu Vaccines

Bradley Arant Boult Cummings LLP on 9/19/2017

If you require your employees to get a flu shot, what do you do with the ones who refuse on religious grounds? As with so much in employment law, it depends. In Equal Employment Opportunity Commission v. Mission Hospital, a...more

Improper HIPAA Disclosure Results in Termination and Legal Dispute

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/28/2017

The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been...more

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 7/27/2017

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital...more

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

FordHarrison on 4/14/2017

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

Fisher Phillips on 2/10/2017

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

Fisher Phillips on 8/12/2015

Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

Physician Estopped From Alleging FCA Violations in Contract He Previously Approved

Tucker Arensberg, P.C. on 6/17/2015

Cooper v. Pottstown Hospital is another case where a dissatisfied party is attempting to use the federal Anti-Kickback Statute or the Stark Law in litigation arising out of the contracts to which they were willing parties at...more

Was This Doctor A "Good Fit"?

Fisher Phillips on 5/6/2015

A Wisconsin hospital scored an important victory in a recent failure-to-hire case involving an allegation of race discrimination. The underlying facts offer a timely reminder to all healthcare employers about what is...more

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment

Fenwick & West LLP on 5/4/2015

Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is maybe, according to the Ninth Circuit’s recent decision in Golden v. Calif....more

How to Avoid Negligent Credentialing Liability

Katten Muchin Rosenman LLP on 3/17/2015

In the seminal decision Darling v. Charleston Community Memorial Hospital (1965), the Supreme Court of Illinois held for the first time in the United States that a hospital is legally responsible for making sure that a...more

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