While health plans, insurers, and providers are busy understanding and implementing the new requirements under the No Surprises Act, a U.S. District Court recently vacated an essential portion of the interim regulations carrying out the Act. While this decision applies nationwide, the court only vacated a portion of the interim
Articles Discussing The Workplace In The Health Care Industry.
No Surprises Act: Federal Court Invalidates Parts of the Independent Dispute Resolution Process
On February 23, 2022, the U.S. District Court for the Eastern District of Texas struck down the part of the interagency interim final rule implementing the “independent dispute resolution” (IDR) procedures created by the No Surprises Act, which took effect for calendar-year plans on January 1, 2022 (Texas Medical Association
Biden Administration Announces Plan to Address Nursing Home Staffing and Quality of Care through Federal Regulatory Revisions
WORKING THROUGH THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, THE BIDEN ADMINISTRATION HAS PROPOSED A NUMBER OF REGULATORY REFORMS TO ADDRESS QUALITY OF CARE AND STAFFING IN NURSING HOMES.
AMA and AHA Seek to Enjoin Certain Provisions of the No Surprises Act’s Implementing Rule
In December 2020, Congress passed the “No Surprises Act” (NSA) as part of the Consolidated Appropriations Act of 2021. The NSA applies most commonly in situations where a patient receives out-of-network medical services from a provider to whom the patient had no meaningful opportunity to consent, as in the case
Employment Law Compliance Strategies for Employers in the Healthcare Industry – Webinar Series
By: Employment Law Compliance Strategies for Employers in the Healthcare Industry – Webinar Series
Join CDF Labor Law LLP‘s attorneys and industry experts for a week-long complimentary virtual webinar series addressing the most compelling topics facing the healthcare industry today.
Speakers will discuss a series of thought-provoking sessions, spread over five
Employment Law Webinar Series for Healthcare Industry – CDF Healthcare Education Week
Join CDF Labor Law LLP’s attorneys and industry experts for a week-long complimentary virtual webinar series addressing the most compelling topics facing the healthcare industry today. Speakers will discuss a series of thought-provoking sessions, spread over 5 days during the week of October 4-8, 2021 from 10-11 am (Pacific)*, delivered right to your desk virtually, and for free. Our speakers will provide up-to-the-minute legal, regulatory, and policy developments for healthcare-related businesses with California-based workforces.
Year-End Considerations and Resources For Healthcare Employers
Surging COVID-19 cases, COVID-19 vaccination considerations and post-election impacts are just a few of the many evolving issues facing healthcare employers as we head into the end of 2020. If you missed our recent Healthcare Industry Key Trends webinar, please consider watching as our Jackson Lewis colleagues touch on many
Federal Agencies Warn Health Care and Public Health Sector of Ransomware Threat
As hospitals and healthcare providers/systems (collectively, “Healthcare Providers”) across the nation have been reacting to spiking COVID-19 cases, an increased, imminent cybercrime threat targeting Healthcare Providers has emerged—ransomware. Ransomware is a distinct type of malware (malicious software) that attempts to deny victims access to their data until a ransom is paid.
Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients
Earlier this year, we reported on an evolution in the form of cyberattack known as ransomware –attackers transitioning from denying affected users access to critical data by encrypting it to removing data from the compromised systems and threatening public release in exchange for payment. These attacks typically target the companies
Triaging Employee Refusals to Work Due to COVID-19: A Legal Update for Healthcare Employers
Employees—particularly healthcare employees—are increasingly refusing to work because of safety concerns and the need for accommodations related to COVID-19. In certain circumstances, these refusals may trigger protections afforded by the Occupational Safety and Health (OSH) Act, the Americans with Disabilities Act (ADA), and the National Labor Relations Act (NLRA), among
Physician Employment Agreements: Potential Risks under Stark Law, Anti-Kickback Statute, False Claims Act
Healthcare employers, human resource directors, in-house counsel, and other professionals who routinely deal with contracting issues should understand that physician employment arrangements are unlike other employment contracts. Physician employment (and independent contractor) agreements pose unique and heightened risks that deserve utmost caution.
Stimulating Consumerism in Health Care By Revealing Costs
When is the last time one of your employees asked how much an in-network physician’s visit would cost? How much does a blood test cost at the hospital to which your doctor referred you, compared to the same blood test at another facility you could use?
Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients
Title VII of the Civil Rights Act requires healthcare employers to protect their medical staff and employees from harassment and discrimination and respond to any such behaviors swiftly and effectively, even if the actor is a patient, rather than a coworker or supervisor. A decision from the U.S. Court of Appeals for the Fifth Circuit illustrates employers’ obligations when the harasser is a patient. Gardner v. CLC of Pascagoula, L.L.C., 915 F.3d 320 (5th Cir. 2019).
Mandatory Nurse-to-Patient Staffing Ratios: Is Your State Next?
Healthcare facilities in California have been required to adhere to mandatory nurse-to-patient ratios since 2004. These ratios vary depending upon the degree of patient care involved. More recently, Massachusetts passed a law requiring mandatory staffing minimums in the state’s ICU’s. Other states are considering jumping on the bandwagon. A California-like bill is currently pending in the Illinois General Assembly. Additionally, groups in Florida, Iowa, Minnesota, New Jersey, New York, Texas, and the District of Columbia are asking state lawmakers to consider similar measures.
Labor and Employment Issues Facing the Healthcare Industry
Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical and medical device companies, home care agencies—that make up the industry itself? As the healthcare landscape shifts, so do the risks and challenges healthcare industry employers face.
Social Profiles