Post Date: Friday - February 24, 2017 - 7:56am
Safeguarding protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191) is important, but what responsibilities do hospitals have to protect other types of personally identifiable information (PII)? What concrete steps can hospitals take to follow through on these responsibilities? Meg Grimaldi, Director of Compliance at Martin Luther King, Jr. ...
Post Date: Friday - February 24, 2017 - 7:55am
Although the House Committee on Oversight and Government Reform voted to advance a resolution (H.J. Res. 27) that would nullify the District of Columbia’s Death with Dignity Act (D.C. ACT 21-577), the House failed to act on the resolution in time to block the law from becoming effective. Under the Constitution, D.C. is a federal ...
Post Date: Thursday - February 23, 2017 - 7:54pm
A Washington truck company discriminated against a longtime employee when it refused to allow her to bring a trained service dog to work. Haney, a Yakima-based heavy haul trucking company that operates in seven states and Canada, prohibited the employee from using her trained service animal, Lucky, who alerts her to dangerous blood sugar drops, ...
Post Date: Thursday - February 23, 2017 - 12:38pm
By Joy P. Waltemath, J.D.
Denying judgment on the pleadings, a federal district court in California ruled that the ADEA disparate impact claim of an applicant for a position at PricewaterhouseCoopers could go forward, specifically holding that disparate impact claims under the statute are not limited to “employees.” Although the Ninth Circuit has not decisively held, ...
Post Date: Thursday - February 23, 2017 - 12:33pm
By Marjorie Johnson, J.D.
A police sergeant who was initially denied his request to use his accrued sick leave to care for his wife following childbirth complications due to the employer’s erroneous belief that he sought “paternity” leave, and also was denied his request not to have the leave designated as FMLA leave, avoided summary judgment ...
Post Date: Thursday - February 23, 2017 - 12:24pm
By Pamela Wolf, J.D.
The Department of Labor has filed a motion in the Fifth Circuit to once again seek an extension of time within which to file its reply brief in its appeal of a lower court ruling that enjoined implementation and enforcement of the controversial “white collar” overtime rule. Under the Obama Administration, the ...
Post Date: Thursday - February 23, 2017 - 9:30am
At any given time, the HHS Office of Inspector General (OIG) has over 300 active corporate integrity agreements (CIAs) in force, resulting from settlement of a civil false claims case with the Department of Justice (DOJ). A provider or entity consents to certain defined obligations as part of “the civil settlement and in exchange for the OIG’s ...
Post Date: Thursday - February 23, 2017 - 7:56am
Congress, through the bipartisan Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) (P.L. 114-10), has recognized the importance of small and rural medical practices and provided funding for their assistance in navigating the new Medicare Quality Payment Program (QPP). To this end, CMS has announced the award of approximately $20 million to 11 organizations ...
Post Date: Wednesday - February 22, 2017 - 10:20am
By Ronald Miller, J.D.
A FedEx contractor failed to state a claim for breach of contract or fraud after the package delivery company terminated his service contract and refused to provide damages stemming from his inability to assign the rights to his service area beyond the remaining term of his Independent Service Provider (ISP) agreement, ruled ...
Post Date: Wednesday - February 22, 2017 - 10:17am
By Pamela Wolf, J.D.
The Republican-dominated Iowa Legislature, in a fast-tracked maneuver, passed a bill on February 16 that would drastically rein in public employee unions and curb collective bargaining rights of public employees. The measure was introduced in the Senate on February 7 and in the House on February 9. Just over a week later, ...
Post Date: Wednesday - February 22, 2017 - 10:16am
By Dave Strausfeld, J.D.
In an age discrimination suit, a Yale University employee was entitled to discovery of documents regarding other university employees accused of sexual misconduct, held a federal district court in Connecticut. The 66-year-old art museum curator, who said he was fired after he went into the wrong restroom, claimed he simply made an ...
Post Date: Wednesday - February 22, 2017 - 10:12am
By Lorene D. Park, J.D.
Affirming the dismissal of a police officer’s Section 1983 claim that he was subjected to discipline in retaliation for reporting racial profiling and other misconduct, the Seventh Circuit explained that an officer’s duty to report official police misconduct is part of the job. He was therefore speaking as a public employee, ...
Post Date: Wednesday - February 22, 2017 - 7:56am
New HHS Secretary Tom Price has already received a request from three senators to use his newfound power to allow drug importation from Canada. Sens. Grassley (R-Iowa), McCain (R-Ariz), and Klobuchar (D-Minn) believe that this strategy is a way to alleviate the pressure from drastic drug price increases. Letter Under the Medicare Prescription Drug Improvement ...
Post Date: Wednesday - February 22, 2017 - 7:55am
Postmarket surveillance of medical devices, which includes device manufacturers’ investigations of complaints about their devices, are generally not logged in the FDA’s adverse event report system. In a study sponsored by the University of Minnesota and published in the journal Production and Operations Management, the researchers found that the more adverse event reports there are ...
Post Date: Tuesday - February 21, 2017 - 10:40am
By Kathleen Kapusta, J.D.
Despite some medical reports stating that restrictions from an employee’s broken arm were temporary and evidence that her condition improved over time, a federal district court in Tennessee found that she presented evidence sufficient to show she was disabled under the ADA, including that there were still restrictions in place at the ...