Articles and Blogs

Within days after the federal government’s adoption of a vaccine mandate for most hospitals and other participants in Medicare and Medicaid, the first court challenge has surfaced. On November 10, 2021, a coalition of 10 State Attorneys General filed suit against the federal government seeking to invalidate the interim final rule (“IFR”) issued on... READ MORE

As Hall Render discussed here and here, on November 4, the Centers for Medicare and Medicaid Services (“CMS”) and Occupational Safety and Health Administration (“OSHA”) simultaneously released vaccine mandate rules. These, along with the federal contractor vaccine mandate, will require a majority of the American workforce to be vaccinated by January 4, 2022. Since... READ MORE

On November 4, the Occupational Safety and Health Administration (“OSHA”) released its highly anticipated new Emergency Temporary Standard (“ETS”) requiring companies with 100 or more employees to mandate vaccination of their employees. In addition to the OSHA ETS, CMS simultaneously released its Interim Final Rule (“IFR”) regarding COVID-19 vaccination for covered facilities that receive... READ MORE

On November 4, CMS released its Interim Final Rule (“IFR”) requiring COVID-19 vaccinations for individuals working in Medicare- and Medicaid-participating facilities, as well as individuals working in certain other settings involving face-to-face interactions with patients.  The IFR requires all clinical and non-clinical personnel working within a Medicare and Medicaid participating facility or other applicable... READ MORE

There are currently a number of restrictions regarding international travel due to the ongoing COVID-19 pandemic. This has led to the blanket recommendation to advise your foreign national employees to refrain from departing the United States or they risk being abroad for longer than anticipated, which can ultimately affect their U.S. employment. This recommendation... READ MORE

As Hall Render detailed last month, President Biden announced the need for new COVID-19 vaccination rules. An Emergency Temporary Standard (“ETS”) from the Occupational Safety and Health Administration (“OSHA”) will require vaccinations or weekly testing for employees of employers with 100 or more employees. We also noted that CMS announced its intention to issue... READ MORE

On Monday, October 11, Texas Governor Greg Abbott issued Executive Order GA-40, requiring that employers provide exemption from any COVID-19 mandate for reason of personal conscience, religious belief or for medical reason, including prior recovery from COVID-19. These exemptions are broader than those required under Title VII of the Civil Rights Act (for sincerely... READ MORE

For employers and workplaces that are operating entirely remotely, Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) have temporarily implemented a flexible solution to assist in complying with the requirements related to Form I-9 completion. The initial announcement on the flexibility in requirements related to Form I-9 completion was on... READ MORE

Section 1557 of the Affordable Care Act (“Section 1557”) prohibits discrimination on the basis of race, color, national origin, sex, age or disability by any health program or activity that receives federal financial assistance. In 2016, HHS promulgated a Final Rule (“2016 Rule”) that interpreted discrimination on the “basis of sex” to include discrimination... READ MORE

In an interesting federal district court case currently awaiting jury trial in Tennessee, the plaintiff claims that the termination of his employment at a Tennessee hospital was in retaliation for exercising his rights under the Family Medical Leave Act (“FMLA”). The hospital that formerly employed him asked the court to grant summary judgment, arguing... READ MORE