Articles and Blogs

On September 14, 2021, HHS issued a ninth amendment (the “Ninth Amendment”) to the Declaration for medical countermeasures against COVID-19 (the “Declaration”) under the Public Readiness and Emergency Preparedness Act (“PREP Act”). This Amendment expands the scope of authority for licensed pharmacists along with qualified pharmacy technicians and interns relative to FDA-approved COVID-19 therapeutics. More…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 March…Read More

Effective September 1, 2021, employers in Texas are subject to two significant amendments to the state employment law: SB 45 and HB 21 to the Texas Labor Code expand sexual harassment protections for employees in essentially all workplaces. More Employers Can Now Expect to Receive Legal Challenges Previously, only employers with 15 or more employees…Read More

On September 9, 2021, President Biden announced sweeping requirements for COVID-19 vaccination that will require larger employers to mandate employees be vaccinated or undergo weekly testing. Employees in certain health care settings will also be required to receive the COVID-19 vaccination. These requirements were addressed in President Biden’s new COVID-19 Action Plan, Path Out of…Read More

On August 20, 2021, the Departments of Labor, Health and Human Services and the Treasury (collectively, the “Departments”) announced through a set of frequently asked questions (“FAQs”) that the Departments will defer enforcement of certain provisions of the No Surprises Act (the “Act”). This comes as welcomed news for health plans and providers alike who…Read More

In recent years, several actions by legislatures and courts across multiple states have challenged the tax-exempt status of nonprofit hospital property. Actions have ranged from proposed legislation in Indiana to eliminate the property tax exemption for nonprofit hospitals to a New Jersey Tax Court that ruled a hospital was not entitled to a property tax…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 on…Read More