HHS’s Conscience Rule Scheduled for Implementation on July 22, 2019

On May 21, 2019, the Federal Register published the U.S. Department of Health and Human Services’ (HHS) final rule titled Protecting Statutory Conscience Rights in Health Care (Conscience Rule), which addresses the rights of individual healthcare employees who object to participating in medical procedures that violate their consciences, as well as the rights of faith-based healthcare institutions to provide services consistent with their religious mission and identity.

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for the payment of home health aides working 24-hour shifts. Under this rule, an employer may pay home health aides for only 13 hours of a 24-hour shift if the aides receive at least 3 hours of meal break time and at least 8 hours of sleep (at least 5 of which must be uninterrupted).

6 FAQs on Measles in the Workplace: What Employers Need to Know

On May 17, 2019, the Centers for Disease Control and Prevention (CDC) reported that 880 individual cases of measles had been confirmed in 23 states across the country in 2019. According to the CDC, the current outbreak of measles represents the greatest number of cases reported in the United States since 1994 and since the disease was declared eliminated in 2000.

#MeToo in Medicine: Year in Review

In the year since the #MeToo movement took off in the wake of the exposé in The New York Times on Harvey Weinstein that shook the entertainment world, emboldened women (and men) have come forward to shine a light on sexual harassment in other sectors of the workforce.

Is Nothing Sacred? ERISA Attacks Move From Church Plans to Government Plans

Having settled many of its attacks on pension plans sponsored by several large church-affiliated healthcare organizations, the plaintiff’s bar appears to be shifting focus to pension and welfare benefit plans maintained by a healthcare entity that is at least nominally an instrumentality of a state.

Combatting the Shortage of Home Care Workers: Going Co-Op?

With the number of U.S. residents aged 65 and older projected to more than double from 46 million today to over 98 million by 2060, home care agencies face a litany of difficulties. Among these are that home care agency owners themselves are reaching retirement age. In addition, properly classifying home care workers—and even determining which test to use to classify them—is no easy feat.

Proposed Rule Aims to Resurrect Health Reimbursement Arrangements

Under a proposed rule that the Department of Labor (DOL), Department of the Treasury, and the Department of Health and Human Services (HHS) jointly issued on October 29, 2018, employers may soon have more flexibility to fund health insurance coverage for employees through health reimbursement arrangements (HRAs), other account-based group health plans, and individual health insurance policies.

DOL Proposes Rule to Allow Younger Workers to Operate Patient Lifts in Healthcare Settings

On September 27, 2018, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking expanding the employment, training, and apprenticeship opportunities for 16- and 17-year-olds in healthcare occupations by removing the prohibition on teen employees operating patient lifts.

Caregiver Registries Find Key Information on Employment Relationship Determinations in WHD Field Assistance Bulletin

On July 13, 2018, the acting administrator for the United States Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2018-4 to assist field staff in determining when home care, nurse, or caregiver registries will be considered employers under the Fair Labor Standards Act.

Senate Passes VA MISSION Act; Eliminates Federal Contractor Status for Some Long-Term Care Providers

On May 23, 2018, the U.S. Senate passed a comprehensive bill called the U.S. Department of Veterans Affairs Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 or the VA MISSION Act of 2018 (H.R. 5674), which authorizes the use of Department of Veterans Affairs (VA) provider agreements for “extended care” providers, including nursing facilities among others.

OFCCP Extends TRICARE Moratorium to 2021

According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE providers (a health care program of the U.S. Department of Defense that pays for the medical benefits of active duty and retired military personnel and their families).

Is the Pay Gap a Sickness in Your Healthcare Organization? How Healthcare Employers Can Tackle Gender Pay Disparities

In 2017, a number of cases were filed in federal court in various states by female doctors claiming their employers paid them less than allegedly comparable male doctors. At least one of these cases was conditionally certified as a collective action under the Equal Pay Act. These cases followed on the heels of recent studies showing that, on average, female doctors are paid less than male doctors.

Technology and Trends in the Healthcare Industry, Part II: Answers on Independent Contractor Status for Healthcare Employers

With the rise of apps and websites providing on-demand healthcare, there is little doubt that the use of independent contractors is a hot topic in the healthcare industry. The ability of skilled professionals to freelance is an issue vital to a healthcare industry that is expected to face a shortage of qualified providers over the next 20 years. Shortages have already led to the creation of services, such as Nomad Health, that connect freelance doctors (and, soon, nurses) looking for part-time opportunities to hospitals searching for part-time independent contractors.

Technology and Trends in the Healthcare Industry, Part I: The Risks and Rewards of Remote Medicine

Sick days are built in to nearly every workforce. As employers are aware, depending on an employee’s position and the duration of his or her time off, sick time may slow production or delay deadlines. On the flip side, employees want to work for employers that empathize with employees’ health needs and, further, offer a good benefits package to absorb some healthcare-related costs.

Is Harvey in Your Hospital? How Healthcare Organizations Can Avoid Harassment Scandals

Print, air waves, and social media have all been filled with stories of women accusing Harvey Weinstein of grossly inappropriate (if not, criminal) behavior over a long period of time. There is much discussion of who knew what and whether others enabled his alleged behavior. With the flood of allegations against Weinstein have come other allegations of inappropriate sexual behavior of other powerful men in multiple industries.