Articles and Blogs

Employers and the EEOC faced off again recently, this time over the EEOC’s obligation to engage in conciliation before commencing litigation against an employer. In Mach Mining, LLC v. EEOC, the employer prevailed in claiming that a federal court may decide whether the EEOC met that obligation but made the EEOC’s burden in establishing that…Read More

Senate Adopts Republican Budget On Tuesday, May 5, the Senate voted 51-48 to pass a Republican-led budget adopted by the House last week. The vote follows nearly two months of negotiations between Republicans in the House and Senate and comes almost three weeks after the budget committee chairmen in both chambers had hoped to reach…Read More

Committee Releases Discussion Draft of 21st Century Cures Legislation On April 29, the House Energy and Commerce Committee released the 21st Century Cures draft bill to accelerate the development and marketing of drugs and medical devices. The draft bill comes after eight committee hearings on the 21st Century Cures initiative since it was launched in 2014….Read More

On April 27, 2015, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced that it entered into a settlement with a Colorado pharmacy (“Pharmacy”) arising from alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule.  Under the settlement, the Pharmacy agreed to pay $125,000 in fines…Read More

The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group gripe….Read More

On April 20, 2015, the Office of Inspector General (“OIG”), in collaboration with the American Health Law Association, the Association of Healthcare Internal Auditors and the Health Care Compliance Association, released Practical Guidance for Health Care Governing Boards on Compliance Oversight (the “Board Guidance”). The Board Guidance offers practical tips for governing boards of health…Read More

CMS Releases Proposed Hospital Payment Rule Late last Friday, April 17, CMS released the proposed FY 16 Medicare payment rule for inpatient and long-term care hospitals. CMS estimates the proposed rule would increase Medicare payments to 3,400 acute care hospitals by about 0.3 percent, or $120 million, in 2016 compared to this year. CMS will…Read More

Facts of an Interesting Telemedicine Case1 The plaintiff in the case (“Physician”) is a board-certified radiologist who entered into a contract with defendant teleradiology company (“Company”) to furnish teleradiology services to hospitals, including a hospital on Long Island, New York (“Hospital”).  Under the terms of the contract, Hospital would electronically transmit diagnostic images, such as X-rays, CT…Read More

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on April…Read More

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by the…Read More