Articles and Blogs

There has been a significant development in how the EEOC views No-Fault Attendance Policies that fail to consider whether the reason for an absence was due to a disability.  Employers that don’t consider disability-caused absences in applying discipline can be in jeopardy under the ADA for failing to reasonably accommodate the employee’s disability by modifying…Read More

In a 3-1 decision released yesterday, the National Labor Relations Board (NLRB) decided the Specialty Healthcare case favoring the ability of small units of employees to unionize.  Overruling the established Park Manor standard, the NLRB ruled that just the 53 CNAs at a nursing facility could organize as one collective bargaining unit.  

The Department of Health and Human Services (“HHS”) in coordination with the Office of Science and Technology Policy (“OSTP”) will reportedly announce on September 1, 2011, an extension to the comment period for an advanced notice of proposed rulemaking (“ANPRM”) in the Federal Register.  The ANPRM was published in the Federal Register on July 26,…Read More

A case currently pending before the National Labor Relations Board (NLRB), as mentioned here, is expected to be decided and released within the next few months.  This case, Specialty Healthcare and Rehabilitation of Mobile, has been pending before the Board since December of 2010, and, if decided as expected by those following the case, will…Read More

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for Promoting…Read More

The Centers for Medicare & Medicaid Services (CMS) released its highly anticipated final rule earlier this summer1 implementing a Medicare Value-Based Purchasing Program (VBP) as required under the Patient Protection and Affordable Care Act (ACA).  VBP is just one of the many initiatives mandated by Congress in an attempt to forge a closer link between…Read More

As Mr. Lyman pointed out last week, the National Labor Relations Board (NLRB) now requires private employers to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  A recent New York Times article on this new requirement discusses an upcoming decision by the NLRB that is expected to address unionization of…Read More

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for Promoting…Read More

CMS recently published a Survey & Certification Memorandum (S&C:11-35-NH) detailing progress in the implementation of Section 6121 of the Affordable Care Act (ACA).  Section 6121 of the ACA mandates enhanced nurse aide training in nursing homes.  The enhanced training focuses on two areas: 1) how to care for residents with dementia, and 2) how to…Read More