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|Human Resources Series - Recruitment and Selection: Part I of IV|
Joanne P Rinardo; Deutsch Kerrigan LLP;
January 28, 2016, previously published by LAMMICO Office Manager's CornerMost job applications request identifying information, job history, and references. Some questions, however, should be avoided because they are unrelated to the job and could pose some legal exposure.
|Production Order Challenge Results in Recognition of Duty to Assert Consumer Privacy Rights|
Bonnie Freedman, Graeme Hamilton; Borden Ladner Gervais LLP;
January 28, 2016, previously published on January 19, 2016On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties. The Court...
|Will Virginia Adopt a Medical Fee Schedule?|
Megan B. Caramore; Vandeventer Black LLP;
January 27, 2016, previously published on January 2016The Commission and Legislature appear to be exploring the possibility of a medical fee schedule for the Commonwealth’s workers’ compensation system. Virginia currently has no fee schedule and relies on the usual and customary rates of providers in various geographical areas. Under...
|Stark Law Update|
Erin Smith Aebel, Rachel B. Goodman, Kelly A. Thompson; Shumaker, Loop & Kendrick, LLP;
January 27, 2016, previously published on January 15, 2016The Stark Law has been updated effective January 1, 2016 in ways that may affect your medical practice and hospital relationships. Among other things, these updates add two new exceptions to the referral prohibition, relax certain technical requirements, and offer several clarifications.
|Senate Will Not Take Up 21st Century Cures Bill|
McDonald Hopkins LLC;
January 26, 2016, previously published on January 22, 2016The Senate had been expected to take up a companion bill to the House-passed 21st Century Cures bill. It appears that this will no longer happen. Instead of a comprehensive medical innovation bill, the Senate will instead work on several smaller bills that can attract wide bipartisan support.
|Guidance or Warning? HHS Addresses an Individual’s HIPAA Right of Access|
Rick L. Hindmand; McDonald Hopkins LLC;
January 26, 2016, previously published on January 20, 2016On January 7, 2016, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released guidance on the rights of individuals to access and obtain copies of their health information, and on related obligations of HIPAA covered entities and their business associates.
|TOP TIP: Are You Ready for the Reporting Obligations under Affordable Care Act in 2016?|
Teresa D. Teare; Shawe & Rosenthal LLP;
January 22, 2016, previously published on December 30, 2015The Affordable Care Act (“ACA”) reporting obligations are fast approaching in early 2016. This is the first year that the mandatory reporting obligations will be in effect, and employers have been scrambling to prepare the onerous reports and have them ready to be filed in the early...
|Pennsylvania Court Strikes Down Lifetime Ban of Employees with Certain Convictions from Working in Nursing Homes|
Caroline J. Berdzik, Melissa M. Ferrara; Goldberg Segalla LLP;
January 22, 2016, previously published on January 11, 2016The Commonwealth Court in the case of Tyrone Peake et al. v. Commonwealth of Pennsylvania has invalidated a provision of the Older Adults Protective Services Act. The Act bars individuals accused of serious crimes, such as murder and rape, from being employed in health care facilities like nursing...
|Recent False Claims Act Settlements Based on Hospital-Physician Compensation Arrangements|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
January 22, 2016, previously published on January 2016During the fall of 2015, the Department of Justice (DOJ) issued several press releases announcing large False Claims Act settlements based on alleged Stark Law violations related to hospital-physician compensation arrangements.
|Federal Court Says Employer’s All-or-Nothing Requirement that Employees Submit to Wellness Program or Lose Health Insurance is ADA-Safe|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 21, 2016, previously published on January 15, 2016Last month, a district court in Wisconsin dealt a blow to the EEOC and the future of its proposed ADA wellness program regulations. In EEOC v. Flambeau, Inc., the court held that that an employer did not violate the Americans with Disabilities Act by requiring its employees to participate in a...