Articles and Blogs

The Medicare and Medicaid Programs; Electronic Health Record Incentive Program—Stage 2 Proposed Regulations were published in their official version in today’s Federal Register.  Although these proposed regulations have been available in the unpublished format, the publication in the Federal Register begins the time period for submitting comments to the proposed regulations.  All comments to these…Read More

As we approach the one-year anniversary of the ADAAA regulations, we have caught only a glimpse of the true effect of these legal changes. We have seen a string of multi-million dollar settlements from the EEOC involving class disability claims, culminating in Verizon’s payout of $20 million for an allegedly “illegal” and “inflexible” no-fault attendance…Read More

On February 27, 2012 the FCC requested comment on whether to fund Universal Service Fund (USF) Rural Health Care Pilot Program participants who will exhaust funding allocated to them before or during the funding year 2012 (July 1, 2012-June 30, 2013).  This funding would maintain support for qualifying Pilot Program Participants on an interim basis,…Read More

On March 2, 2012, the enforcement provisions of the NLRB’s Notice of Employee Rights posting rule were struck down by a federal district court for the District of Columbia.  The ruling let stand the overall requirement that private employers must post a Notice of Employee Rights prescribed by the NLRB on and after April 30,…Read More

On February 29, 2012, a federal judge lifted a temporary restraining order that had stopped the Drug Enforcement Agency (“DEA”) from enforcing the Immediate Suspension Order (“ISO”) it issued to Cardinal Health (“Cardinal”), a drug wholesale distributor, on February 3, 2012.  The ISO restricts Cardinal’s license to distribute controlled substances from its Lakeland, Florida distribution…Read More

On Thursday, February 2, 2012, the Centers for Medicare and Medicaid Services (“CMS”) issued in the Federal Register its decision not to propose changes to the current Emergency Medical Treatment and Labor Act (“EMTALA”) regulations.  However, in this notice CMS is seeking additional comments on the applicability of hospitals with specialized capabilities to accept transfers…Read More

Hall Render’s latest issue of the Employment Law Briefing summarizes these and other interesting developments: Now There Are Twenty-Three Speaking of developments, Indiana became the 23rd state to pass a Right to Work law.  That means that any agreement that requires employees to join a union or pay dues as a condition of employment is unlawful and…Read More

Many employers use the U.S. Department of Labor’s model FMLA forms as the basis of their paperwork in granting FMLA leaves.  Take a look at the top right hand corner of those forms.  It’s very likely that it says the form expires on December 31, 2011 (or even earlier).  In February the DOL issued new…Read More

HIPAA covered entities are required to submit reports of small breaches (impacting less than 500 individuals) that occurred during calendar year 2011 to the Office for Civil Rights (“OCR”) by February 29, 2012 pursuant to the HIPAA Breach Notification Rule.  Reports must be submitted electronically through OCR’s breach notification web page, which can be found by…Read More

The 2012 Life Safety Code (LSC) contains numerous provisions that address culture change in nursing facilities.  These new provisions are somewhat of a liberalization of standards to permit a more home-like environment for residents, rather than an institutional setting.  I am expecting the Centers for Medicare & Medicaid Services (CMS) to release a Survey &…Read More