Articles and Blogs

When EEOC’s Statistics Are Unreliable – Case Fails For many employers, conducting a criminal history or credit record check on a potential employee is a rational and legitimate component of a reasonable hiring process.  This is how a federal district court judge started his opinion that went on to rake the EEOC over the coals for using…Read More

Sports Analogy Can Have Multiple Meanings In sports, a coach will sometimes tell a player to just “walk it off” or “push through” the pain when a minor injury happens in a game or in practice.  One Florida insurance company found out that the world of sports and the world of employment are not the…Read More

Two Courts Deny Rehearing – NLRB Exceeded Its Jurisdiction The battle over the NLRB’s Employee Rights Poster seems to be coming to an end.  The poster that the NLRB intended to be posted by private employers to inform their employees of their rights to join unions came under legal challenge and subsequent delays almost as…Read More

The U.S. Court of Appeals for the D.C. Circuit is set to hear oral arguments this week in Verizon v. FCC. At issue is “net neutrality” and to what extent the FCC is allowed to regulate Internet traffic. The case is the latest stage in a long-running legal battle over the idea that Internet providers…Read More

Lake County Court Rules but Defers Pending Appeal On February 1, 2012, Indiana became the 23rd state to adopt a statute that prohibits private employers and unions from entering into agreements that compel union membership and the payment of dues and fees as a condition of employment.  This so-called Right-to-Work law was the focus of…Read More

Beginning October 1, 2013, a skilled nursing facility (“SNF”), a nursing facility (“NF”) or a dually-certified SNF/NF will be permitted to request an independent informal dispute resolution (“IIDR”) for all federal deficiencies cited on its standard or complaint survey (CMS-2567) that are subject to the imposition, collection and escrow of civil money penalties (“CMPs”) by…Read More

On August 1, 2013, bill H.R. 2957 was introduced to the House of Representatives, which would extend health information technology meaningful use incentives to behavioral health, mental health and substance abuse professionals and facilities.  The term “additional eligible professional” would be added to meaningful use legislation to cover clinical psychologists providing qualified psychologist services.  Such…Read More

Health information technology solutions that are remotely hosted or cloud based are becoming more common.  In these scenarios, a health care provider  is allowing its data – often times including protected health information (“PHI”) – to flow through or be stored in the vendor’s data center.  If PHI is involved, the parties should determine whether…Read More

Under the Meaningful Use Stage 2 Measures both Eligible Professionals and Eligible Hospitals must use Computerized Provider Order Entry (“CPOE”) for medication, laboratory and radiology orders directly entered by any licensed health care professional who can enter orders into the medical record per state, local and professional guidelines.  Previously, the Centers for Medicare & Medicaid Services…Read More

The Agency for Healthcare Research and Quality updated its website to include a new tool for eligible professionals and eligible hospitals to track the meaningful use requirements.  The tool, available here, consolidates published meaningful use guidance including both the “Objectives” and the “Clinical Quality Measures.”   Users can also download and create custom reports based on selected measures.