News & Analysis as of

State and Local Government Employer Liability Issues Health Care Providers

Goldberg Segalla

Gov. Hochul’s Proposed Regulatory Changes to Workers’ Comp Treatment

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In her 2025 State of the State, Gov. Kathy Hochul outlined several proposals aimed at improving access to medical care within the New York State Workers’ Compensation system. These initiatives, detailed in her “Fighting for...more

Bass, Berry & Sims PLC

Florida Medicaid Providers: New $15 Minimum Wage Requirements

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Effective October 1, 2022, certain providers participating in the Florida Medicaid program will be required to pay direct care workers a minimum of $15 per hour. Below we’ve outlined which organizations are subject to this...more

McDermott Will & Schulte

Preparing for the Demise of Roe v. Wade and the Criminalization of Abortion in Some US States: Practical Considerations for a...

Sometime in the next several weeks, the Supreme Court of the United States will issue its decision in Dobbs v. Jackson Women’s Health Organization (Dobbs). Based on the draft majority opinion authored by Justice Samuel Alito...more

McDermott Will & Schulte

CMS Issues Detailed Guidance to Surveyors on Assessing Compliance with Omnibus COVID-19 Healthcare Staff Vaccination Mandate

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On December 28, 2021, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group released a memorandum (QSO-22-07-ALL) providing guidance and details on survey procedures for assessing and...more

Bass, Berry & Sims PLC

CMS Announces It Will Enforce COVID-19 Vaccine Rule in 25 States Not Enjoined by a Court

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The Centers for Medicare & Medicaid Services (CMS) announced it will enforce the COVID-19 Health Care Staff Vaccination Interim Final Rule in the 25 states, District of Columbia, and territories in which the healthcare...more

Sheppard Mullin Richter & Hampton LLP

California Department of Public Health Requires Health Care Workers to Receive the Booster Vaccine by February 1, 2022

On December 22, 2021, the California Department of Public Health (“CDPH”) issued an order requiring workers in health care facilities to receive booster vaccinations to help combat COVID-19. Health care workers must receive...more

Butler Snow LLP

Federal Judge Halts CMS Mandate Nationwide

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Judge Terry A. Doughty of the United States District Court for the Western District of Louisiana has ordered that the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services are enjoined...more

Burr & Forman

Tennessee Passes New COVID-19 Legislation

Burr & Forman on

On October 30, 2021, the Tennessee General Assembly passed significant legislation that severely curtails the ability of private employers in Tennessee to implement COVID-19 restrictions in the workplace. The new law is...more

ArentFox Schiff

California Mandates COVID-19 Vaccinations for All Non-Exempt Hospital Workers by September 30

ArentFox Schiff on

By September 30, all hospital workers—including physicians—must be vaccinated. As COVID-19’s Delta variant surges across California, the California Department of Public Health (CDPH) again took action to help curtail the...more

Rumberger | Kirk

COVID-19 Litigation: What Alabama Businesses Need to Know

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It has been one year since the COVID-19 pandemic began and during that time more than 9,500 COVID-19 related lawsuits have been filed across the United States. Out of these 9,500 lawsuits, more than 1,800 employment-related...more

Bradley Arant Boult Cummings LLP

Opioid Guidance, Lactation Breaks, and Liability Shields: Recent Employment News You Might Have Missed

In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle. EEOC Issues Opioid Accommodation Guidance - While employers have...more

Steptoe & Johnson PLLC

Department of Labor (Somewhat) Revises Regs for Employee Leave Under FFCRA

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On August 3, 2020, a federal judge in New York City surprised many by striking down a few provisions of regulations published by the United States Department of Labor (DOL) in the early days of the pandemic. After President...more

Butler Snow LLP

Employers Beware - Federal District Court Vacates Certain Employer-Friendly Provisions of Department of Labor’s FFCRA Regulations

Butler Snow LLP on

A judge in the U.S. District for the Southern District of New York struck down certain employer-friendly provisions in the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA) regulations on August 3,...more

McDermott Will & Schulte

SDNY Vacates Portion of DOL Final Rule on FFCRA

On August 3, 2020, the US District Court for the Southern District of New York struck down four parts of the US Department of Labor’s (DOL) Final Rule implementing the Families First Coronavirus Response Act (FFCRA). A copy...more

Womble Bond Dickinson

New York May Soon Enact Contact Tracing Law

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A bill regulating the use of contact tracing date has moved its way through both chambers of the New York State legislature. Senate Bill S8450C regulates all information that includes or can reveal the identity of any...more

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

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Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Tucker Arensberg, P.C.

Workers’ Compensation Claims for Healthcare Professionals Exposed to COVID-19 in PA – Update

Tucker Arensberg, P.C. on

Just a few short weeks ago, the Center for Disease Control’s Director of the National Center for Immunization and Respiratory Diseases warned that the spread of coronavirus in the U.S. was “not a question of if, but when.” As...more

Epstein Becker & Green

Colorado Mandates 4 Days of Paid Leave for COVID-19 Testing

Epstein Becker & Green on

On March 10, 2020, Colorado Governor Jared Polis issued an executive order directing he Colorado Department of Labor and Employment (“DLE”) to create emergency rules to “ensure workers in food handling, hospitality, child...more

Farrell Fritz, P.C.

Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time...

Farrell Fritz, P.C. on

Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health...more

Robinson+Cole Health Law Diagnosis

New York Court of Appeals Upholds Thirteen Hour Rule for Home Health Aide Pay

On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

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New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

Littler on

The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

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Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more

Littler

New York Court Nullifies Recent Emergency Amendment Codifying Longstanding "13-Hour Rule" for Home Care Industry

Littler on

The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more

McNees Wallace & Nurick LLC

Governor Wolf Issues New Opioid Prescription Guidelines for Injured Workers

In an effort to combat opioid addiction, the Wolf Administration recently rolled out a set of opioid prescribing guidelines to assist health care providers treating workers’ compensation patients. Highlighting the need for...more

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