News & Analysis as of

Pregnancy Health Care Providers

Bond Schoeneck & King PLLC

In Managing FMLA Leaves, Medical Certifications Are Critical But Not Necessarily Controlling

One of the challenging aspects of managing FMLA leaves, particularly intermittent leaves, is determining whether a certain absence is appropriately treated as a covered FMLA leave. In many such circumstances, if the absence...more

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

Lessons From the Seventh Circuit on Relying on FMLA Certifications and Requiring the Use of Paid Leave

A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act...more

Akerman LLP - Health Law Rx

Idaho’s Defense of Life Act and EMTALA: For Now, a Federal Court Permits an Idaho Health System to Stabilize Pregnant Patients...

An Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant...more

Husch Blackwell LLP

EEOC’s December 2024 Guidance on PWFA: Impact on Health Care Providers and Employers

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On January 20, 2025, President Donald J. Trump named Commissioner Andrea R. Lucas as Acting Chair of the EEOC. Since joining the commission in 2020, Lucas has been a strong advocate for addressing the evolving landscape of...more

ArentFox Schiff

What Employers Need to Know About the Recent EEOC Guidance to Health Care Providers on the Pregnant Workers Fairness Act

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On June 27, 2023, the Pregnant Workers Fairness Act (PWFA), a federal law enforced by the US Equal Employment Opportunity Commission (EEOC), went into effect. The PWFA mandates that employers with at least 15 employees, along...more

Foley & Lardner LLP

New Year, New Leave In New York: Ring in 2025 by Updating Your Policies to Provide Paid Prenatal Leave

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January 1, 2025, was more than just the first day of the new year. In New York State, it was the effective date of a first-of-its-kind law mandating paid prenatal leave for women. The leave, which is embodied in two...more

Napoli Shkolnik

Maternal Deaths are Rising—and Maternity Wards are Closing Citing High Costs, Maternal Care is Increasingly Scarce in Rural...

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Seven million women of childbearing age currently reside in counties where there is no hospital-based obstetrics care, birthing center, OB-GYN, or certified nurse-midwife, The New York Times reported last month. Since 2015,...more

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

EEOC Publishes New Guidance for Healthcare Providers to Assist With PWFA Accommodations Requests

On December 18, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published new guidance for healthcare providers on what information to provide patients seeking childbirth- and pregnancy-related workplace...more

Greenbaum, Rowe, Smith & Davis LLP

Hospital Policy for Universal Urine Drug Testing of Pregnant Women Comes Under Scrutiny for Alleged Violations of State Law...

The Attorney General of New Jersey and the Director of the New Jersey Division on Civil Rights jointly commenced a lawsuit against the Virtua Health System and its constituent hospitals alleging that its policy and practices...more

Sheppard Mullin Richter & Hampton LLP

Women’s Health on the Ballot in November: What the Election Could Mean for Reproductive Care and Beyond

Over two years into the post-Dobbs era, women’s health is taking center stage in the presidential election. In Dobbs v. Jackson, the Supreme Court overturned protections relating to abortion established in Roe v. Wade. Since...more

Napoli Shkolnik

Women Lack Access to Maternity Care. That’s Unacceptable.

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We live in a world where exciting medical research promises to cure cancer, prevent heart attacks, and push back the effects of aging. Sadly, we also live in a world in which “maternity care deserts” are growing across the...more

Shipman & Goodwin LLP

Ohio Injunction Issued for Abortion Statutes At Odds With State Constitutional Reproductive Rights

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On August 23, 2024, an Ohio state court issued a preliminary injunction in Preterm-Cleveland et al. v. Dave Yost et al., No. 24-cv-02634, staying the enforcement of multiple Ohio civil and criminal abortion-related statutes....more

Kohrman Jackson & Krantz LLP

Navigating Surrogacy: What are the Legal Implications?

Surrogacy can be a deeply fulfilling path to parenthood for couples or individuals facing challenges with conception or pregnancy. In many states, including Ohio, the process involves legal, medical, and emotional...more

Shipman & Goodwin LLP

Kansas Supreme Court Reaffirms Fundamental Right to Abortion

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Last week, the Kansas Supreme Court issued two decisions striking down a series of state anti-abortion laws  passed by the Kansas Legislature. The first case challenged S.B. 95, a bill enacted by the Legislature in 2015...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

Robinson+Cole Health Law Diagnosis

Connecticut Governor Signs Bill Introducing Programs to Improve Maternal Health

On June 26, 2023, Connecticut Governor Ned Lamont signed Public Act No. 23-147, “An Act Protecting Maternal Health.” The Act makes various changes aimed at bolstering health care access and services for maternal and infant...more

Epstein Becker & Green

Podcast: Post-Dobbs - One Year Later - Diagnosing Health Care

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The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization one year ago overturned 50 years of legal precedent protecting the constitutional right to abortion in the United States, leaving the question of...more

Console and Associates, P.C.

Patients’ Legal Options After Experiencing IVF Malpractice or Other Forms of Fertility Clinic Negligence

Undergoing fertility treatment is an emotional journey. And between the invasive procedures and medications, Assisted Reproductive Technologies can take a tremendous toll on a family, even when things go as planned. However,...more

Sheppard Mullin Richter & Hampton LLP

EMTALA and Pregnancy Care Remains a Federal Enforcement Priority

On May 1, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced two investigations of hospitals that failed to offer necessary stabilizing care to a pregnant individual experiencing an emergency medical...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of May 2023

Morgan Lewis on

It has been almost a year since the US Supreme Court held in Dobbs v. Jackson Women’s Health Organization that there was no constitutional right to abortion and returned the question of abortion to the states, resulting in a...more

Sheppard Mullin Richter & Hampton LLP

Access to Abortion Pill in Limbo: Navigating the Intricacies of Conflicting Federal Court Rulings in Texas and Washington State

The U.S. Food and Drug Administration’s (“FDA”) approval of the commonly-used abortion medication, Mifepristone, has been curtailed following dueling federal court decisions in Texas and Washington. Just days after a Texas...more

Bowditch & Dewey

Brrrr: Chilling Speech About and Access to Abortion in Idaho

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The Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization, which overturned the precedent in Roe vs. Wade, allows states to ban and restrict abortion. This decision has sent shockwaves through many...more

Patrick Malone & Associates P.C. | DC Injury...

U.S. sees shameful rise in ‘maternity care deserts,’ study finds

The national disgrace of expectant moms and infants suffering excessive, preventable injuries and death can’t be blamed on mysterious causes. Indeed, a leading advocacy group has put out yet another of its damning research...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter - October 2022

Too many women in this country suffer serious health harms or even die during pregnancy and just after. Too many infants in this country suffer serious health harms or die in the first year after they are born. There is no...more

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