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Many employers ask on their employment applications whether the applicant has ever been convicted of a felony or misdemeanor.  Often a failure to truthfully answer that question is considered to be cause for either rejecting the applicant or for a later discharge if the lie is discovered after the person is hired.  A new... READ MORE

In our Employment Law News article of August 29, 2011, we advised of the National Labor Relations Board’s (NLRB) new requirement that most private sector, non-governmental employers post a Notice of Employee Rights under the National Labor Relations Act.  When the NLRB made its announcement in August, the official posters were not yet available. ... READ MORE

On August 23, 2011, CMS invited health care providers to apply to help test and develop four different models of bundled payments. This Initiative is part of CMS’ overall effort under the Affordable Care Act to better coordinate care among providers. Unlike the criticism CMS received regarding the complexity of the Shared Savings Program,... READ MORE

There has been a significant development in how the EEOC views No-Fault Attendance Policies that fail to consider whether the reason for an absence was due to a disability.  Employers that don’t consider disability-caused absences in applying discipline can be in jeopardy under the ADA for failing to reasonably accommodate the employee’s disability by... READ MORE

The Department of Health and Human Services (“HHS”) in coordination with the Office of Science and Technology Policy (“OSTP”) will reportedly announce on September 1, 2011, an extension to the comment period for an advanced notice of proposed rulemaking (“ANPRM”) in the Federal Register.  The ANPRM was published in the Federal Register on July... READ MORE

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for... READ MORE

The Centers for Medicare & Medicaid Services (CMS) released its highly anticipated final rule earlier this summer1 implementing a Medicare Value-Based Purchasing Program (VBP) as required under the Patient Protection and Affordable Care Act (ACA).  VBP is just one of the many initiatives mandated by Congress in an attempt to forge a closer link... READ MORE

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for... READ MORE

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