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Hospitals Healthcare Employer Liability Issues

Bradley Arant Boult Cummings LLP

New Healthcare Practitioner Non-Compete Provisions Effective September 1, 2025

On June 20, 2025, Texas enacted SB 1318, modifying the criteria for enforceable healthcare practitioner non-competes in the Texas Business and Commerce Code. The modifications (1) limit the scope of enforceable physician...more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Seyfarth Shaw LLP

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

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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

Robinson & Cole LLP

Health Law Diagnosis - Connecticut Expands Nurse Protections Relating to Hospital Nurse Staffing Plans, Scope of Practice, and...

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On June 27, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-204, “An Act Concerning the State Budget for the Biennium Ending June 30, 2025, and Making Appropriations Therefor, and Provisions Related to...more

Robinson+Cole Health Law Diagnosis

Connecticut Expands Nurse Protections Relating to Hospital Nurse Staffing Plans, Scope of Practice, and Overtime

On June 27, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-204, “An Act Concerning the State Budget for the Biennium Ending June 30, 2025, and Making Appropriations Therefor, and Provisions Related to...more

Adams & Reese

New Florida Immigration Law May Have Crippling Effects

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An immigration bill that Gov. Ron DeSantis signed into law on May 10 went into effect on July 1. It is one of the strictest in the nation. Its severe penalties not only affect Florida businesses and citizens, but may set a...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

Dentons

Health Law Quick Take: COVID Booster Shot Coverage

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Q: Are booster doses covered under the CMS regulations? ...more

Sands Anderson PC

CMS Rule Dramatically Expands COVID-19 Vaccination Mandates for Medicare and Medicare-Certified Healthcare Facilities

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On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an anticipated interim final rule (the “CMS Vaccine Rule”) that will require COVID-19 vaccination for most health care workers at certain...more

Epstein Becker & Green

Medicare and Medicaid Providers, Take Note: New CMS Rules Require Health Care Workers to Be Fully Vaccinated by January 4, 2022

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On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the “Rule”) requiring COVID-19 vaccination for staff at Medicare- and Medicaid-certified providers and suppliers.  The...more

Perkins Coie

OSHA Issues COVID-19 ETS for Healthcare Settings

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The Occupational Safety and Health Administration (OSHA) issued the COVID-19 Healthcare Emergency Temporary Standards (ETS) on June 10, 2021. The ETS applies to workplace settings where professional healthcare...more

Polsinelli

NLRB Finds Hospital’s Solicitation And Distribution Policy Unlawful

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Recently, a 3-member panel of the National Labor Relations Board (“NLRB” or “Board”) ruled that the University of Pittsburgh Medical Center (“UPMC”) unlawfully prohibited off-duty employees from distributing literature in...more

Littler

Cal/OSHA Adopts First in the Nation Standard on Workplace Violence Prevention for Healthcare Employers

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National research indicates that health care workers are at a substantially higher risk of workplace violence than the average worker in another industry. According to the federal Occupational Safety and Health...more

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

Whistleblower Must Identify the Law, Rule, or Regulation Violated by the Employer Prior to the Summary Judgment Stage, District...

The U.S. District Court of New Jersey recently reaffirmed that under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA), a plaintiff asserting that her employer’s conduct is incompatible with a...more

Tucker Arensberg, P.C.

The Recent Auditor General Report and Central Pennsylvania Hospitals

Tucker Arensberg, P.C. on

In April, 2015, the Pennsylvania Auditor General released a Report that chastised the Department of Labor and Industry for its failure to implement adequate procedures to ensure that all complaints under the Prohibition of...more

Katten Muchin Rosenman LLP

Managing Institutional Risk: Fraud-Proofing Your Organization

In this presentation: - Top 5 Fraud and Abuse Risks Facing Health Systems - Results of Enforcement Action - Top 5 Steps Health Systems Can Take To Minimize Fraud & Abuse Risk - Non-Compliant...more

Fisher Phillips

Hospitals Are Still In The OFCCP's Crosshairs

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On February 12, 2015, U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) underscored its intent to continue to scrutinize hospitals, including nonprofit hospitals. The OFCCP found that Lahey Clinic...more

Dickinson Wright

Care Recipients’ Limited Right to Discriminate Based on Protected Characteristics of Care Provider

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Healthcare provider institutions including hospitals, clinics, medical practices, nursing homes and home health care providers (here, “Institutions”) are occasionally called upon to balance the preferences of Consumers...more

NAVEX

Hospitals Have No Room for Error on Policy & Procedure Communications during Fast-Moving Public Health Crises

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In 2006, it was Avian flu. In 2009, it was H1N1, also known as swine flu. This year, it’s Ebola. When fast-moving public health crises hit, one issue that always comes under intense scrutiny is a hospitals’ ability to...more

Proskauer - Law and the Workplace

New CDC Ebola Monitoring Protocol is Good News for Employers

The CDC has just announced new active post-arrival monitoring for all travelers entering the U.S. from Liberia, Sierra Leone or Guinea. ...more

Parker Poe Adams & Bernstein LLP

DOL Announces Delay to Home Care Worker Wage Regulations

Last October, the federal Department of Labor’s Wage and Hour Division sent shockwaves through the home health care industry by issuing final rules declaring most of its employees to be subject to FLSA minimum wage and...more

Poyner Spruill LLP

Shorts on Long Term Care - Summer 2014

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In this issue: - Nursing Facility Survey Trends: Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations - COBRA Meets ACA – Time to Update COBRA Notices -...more

Epstein Becker & Green

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

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As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

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

When Titans Clash: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures

Health care employers face myriad challenges in complying with numerous laws—with physician hospital staff privileges and whistleblower issues not least among them. On the privileges side, a well-developed body of law...more

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