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Report Link Merger and Cooperation: The Future for Health Care Unions?Ogletree Deakins - September 11, 2009 While many U.S. unions appear to be waiting on the outcome of the Employee Free Choice Act debate to ramp up their organizing activities that has certainly not been the case for those unions targeting health care workers. Rather, those unions have for some time been engaged in often intense levels of national organizing, albeit typically in a non-coordinated (and, at times competitive) fashion. A few recent developments suggest more coordination and cooperation by the major unions involved. Report Link Meal Time May Prove Stomach-Churning For Hospitals.Fisher & Phillips, LLP - August 11, 2009 For many of us, the perils of a lunch break include braving the weekend's leftovers, testing the over-used and under-cleaned breakroom microwave, or searching the community refrigerator for your poorly-labeled brown-bag lunch. But as recent lawsuits filed against several Pennsylvania hospitals demonstrate, meal breaks can prove far more stomach-churning than three-day old leftovers. Report Link Major Merger of Nursing Unions to Shake Up Health Care.Littler Mendelson, P.C. - February 26, 2009 On February 18, 2009, the California Nurses Association/National Nurses Organizing Committee (CNA/NNOC), the United American Nurses (UAN), and the Massachusetts Nurses Association (MNA) announced the formation of a new union: the United American Nurses-National Nurses Organizing Committee, UAN-NNOC (AFL-CIO). Report Link The HCQIA Immunizes Participants From Money Damages In An Objectively Conducted Peer Review Action (5th Cir.).Ogletree Deakins - July 29, 2008 In 2006, a federal district court allowed to stand a verdict for $22.5 million in favor of a cardiologist who sued a hospital and a department chairman after a five-month suspension of his cardiac catheterization lab (cath lab) and echocardiography privileges. See Poliner: A Texas-Sized Credentialing Verdict for Physicians, at (http://www.medlawblog.com/archives/-credentialing-poliner-a-texassized-credentialing-verdict-for-physicians.html). In a highly-anticipated decision, the 5th U.S. Circuit Court of Appeals has overruled that verdict, holding that the hospital and individuals involved in the peer review process are protected from money damages by the Health Care Quality Improvement Act (HCQIA). Report Link Joint Commission Alert Targets Intimidating/Disruptive Behavior: Aims to Stamp Out the "Equal Opportunity Harasser".Fisher & Phillips, LLP - July 14, 2008 Recognizing that intimidating and disruptive behavior can compromise the delivery of quality healthcare, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) on July 9, 2008, issued a Sentinel Event Alert focusing upon its new requirements to address such behavior. The Sentinel Event Alert suggests what healthcare organizations must do to address all kinds of harassing and disruptive behavior, not just conduct made illegal under workplace discrimination and harassment laws. Report Link Healthcare Update: hShort-Shift Differential Shortchanges Employees, Court Rules.Fisher & Phillips, LLP - May 06, 2008 Many healthcare employers adopt shift differentials to encourage staffing on unpopular shifts. For example, employers may reward employees who work unpopular shifts or perform unpopular tasks with extra pay in order to maintain adequate staffing levels and provide round-the-clock patient care. Employers are encouraged to devise creative, lawful solutions to staff all shifts and ensure all tasks attendant to patient care are performed. Report Link Health Law Update.Baker Hostetler LLP - May 05, 2008 Topics covered in this week's issue of the Health Law Update include: Foreign Nationals May Create Compliance Risks—Beware of Export Controls; Court Applies Academic Medical Center Exception to Stark Law; Executive Indicted for Lying to Government Regulators; Compensation to Employed Physicians Leads to False Claims Settlement; Florida Radiologist to Pay $7 Million to Settle False Claims Allegations Against Diagnostic Imaging Centers; OIG Anti-Kickback Evaluation Criteria. Report Link Eleventh Circuit Joins Growing List of Federal Courts to Reject the Medical Staff Peer Review Privilege in Federal Discrimination Cases.Littler Mendelson, P.C. - August 30, 2007 On June 12, 2007, in the case of Adkins v. Christie, 488 F.3d 1324 (11th Cir. 2007), the Eleventh Circuit Court of Appeals held that the medical staff peer review privilege does not apply in federal civil rights cases. As it becomes increasingly clear that federal courts will not recognize this privilege in discrimination cases, healthcare providers should be mindful that peer review records, which were once thought to be held under the strictest confidence, may now be subject to discovery and disclosure in future litigation. Report Link Reminder - Health Care Employers Must Provide Employees with Information on Filing Whistleblower Claims.Ford & Harrison LLP - March 01, 2007 This is a reminder that health care employers who receive $5 million or more in revenue from Medicaid (or other state plans for medical assistance) were required, as of January 1, 2007, to provide employees (including management), contractors, and agents with detailed information about false claims, false statements and whistleblower protections under applicable federal and state fraud laws. This requirement was imposed by the Deficit Reduction Act of 2005 (DRA). Report Link The Deficit Reduction Act of 2005: Requiring Health Care Employers to Educate Employees in Whistleblowing.Littler Mendelson, P.C. - August 25, 2006 On February 8, 2006, President Bush signed into law the Deficit Reduction Act of 2005 (DRA). Included in the DRA are little known but sweeping obligations likely affecting entities receiving or making $5 million or more in Medicaid payments each year. Report Link Federal Anti-Trust Class Action Lawsuits Claim Hospitals Conspired to Depress Registered Nurse Wages.Jackson Lewis LLP - June 26, 2006 On June 20, 2006, four federal anti-trust class action lawsuits were filed against a number of hospitals and health care systems in Albany, Chicago, Memphis and San Antonio alleging that they had conspired to depress registered nurse wages in those markets by exchanging wage rates in a manner that violated federal anti-trust laws. Report Link Change in Medicare and Medicaid Rules Allow Long Term Care Facilities to Use Trained Feeding Assistants.Jackson Lewis LLP - November 04, 2003 Effective October 27, 2003, long term care facilities will be permitted to use paid feeding assistants to supplement the services of certified nurse aides to help residents with eating and drinking, if such assistance is permitted under state law.
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ArticlesFound: 12 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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