Articles and Blogs

The Michigan Supreme Court (the “Court”) recently reversed the Michigan Court of Appeals’ decision in Stegall v. Resource Technology Corporation, which held in February 2023 that federal and state occupational safety and health acts preempted Michigan workers’ claims for wrongful discharge in violation of public policy. On appeal, the Michigan Supreme Court held, however, that... READ MORE

Through the passage and signing of House Bill 4520 (“HB 4520”) and House Bill 4521 (“HB 4521”), the Michigan legislature and Governor Gretchen Whitmer recently took steps to increase financial penalties for those committing violence in the health care workplace. These bipartisan laws amend the Michigan Penal Code by doubling fines imposed on persons... READ MORE

The Centers for Medicare and Medicaid Services (“CMS”) published a recent Memo reminding hospitals and other Medicare certified health care entities of their regulatory obligation to maintain a safe setting for patients, residents and staff. CMS’s action comes at a time when violence in health care settings is on the rise. Although the Memo... READ MORE

We know the major personnel issues challenging our friends in the health care industry: labor shortages; competitive wages; and rising costs. But what employment and labor legal issues do (or may) health care organizations face in coming months? Accommodation Requests as Remote Work Demands Continue. Throughout the last two-plus years, telework became the new... READ MORE

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent.... READ MORE

The Occupational Safety and Health Administration (“OSHA”) announced on its website on December 27, 2021 that it was “withdrawing the non-recordkeeping portion” of its healthcare emergency temporary standard (“Healthcare ETS”). That rule, described in detail here, regulated most healthcare facilities with obligations that included, among other things, employee screening, the designation of a COVID-19 safety coordinator, removing employees... READ MORE

Update: This article was published on November 22, 2021, and it is specific to developments related to the OSHA COVID-19 vaccine mandate. Significant legal developments occurred this week with respect to the Centers for Medicare & Medicaid  Services Interim Final Rule regarding a COVID-19 vaccine mandate for covered health care facilities. Please see Hall... READ MORE

As Hall Render previously reported last week, 10 states challenged the CMS and HHS Interim Final Rule (“IFR”) requiring vaccination of staff of certain Medicare and Medicaid providers and suppliers. Yesterday, 12 more states filed a similar suit challenging the IFR in the Western District Court of Louisiana—a court in the Fifth Circuit that... READ MORE

As Hall Render discussed here and here, on November 4, the Centers for Medicare and Medicaid Services (“CMS”) and Occupational Safety and Health Administration (“OSHA”) simultaneously released vaccine mandate rules. These, along with the federal contractor vaccine mandate, will require a majority of the American workforce to be vaccinated by January 4, 2022. Since... READ MORE

On November 4, the Occupational Safety and Health Administration (“OSHA”) released its highly anticipated new Emergency Temporary Standard (“ETS”) requiring companies with 100 or more employees to mandate vaccination of their employees. In addition to the OSHA ETS, CMS simultaneously released its Interim Final Rule (“IFR”) regarding COVID-19 vaccination for covered facilities that receive... READ MORE