On August 11, 2023, the EEOC published proposed regulations for the Act in the Federal Register. Comments are due within 60 days from that date, which is October 10, 2023. Employers can provide their comments on the proposed regulations electronically at http://www.regulations.gov. There is a distinction between accommodations under the Americans with Disabilities Act and this. Under the ADA, an accommodation suspending an essential work function is rarely considered “reasonable.” Here, … [Read more...] about ACCOMMODATIONS AND THE INTERACTIVE PROCESS? Part 3 of the Pregnant Workers Fairness Act and the Proposed Regulations
WHAT ABOUT “QUALIFIED” EMPLOYEES WHO CANNOT PERFORM AN ESSENTIAL JOB FUNCTION? Part 2 of the Pregnant Workers Fairness Act and the Proposed Regulations
First, realize that the Act applies to employers with fifteen or more employees. However, in the health care and private provider arena, the Act and its proposed regulations may affect the ability to care for vulnerable patients and individuals. It will not apply to you if you have fewer than fifteen employees. The PWFA expands the definition of "qualified employee" who cannot perform one or more essential job functions if the inability is for a temporary period, the function "in the near … [Read more...] about WHAT ABOUT “QUALIFIED” EMPLOYEES WHO CANNOT PERFORM AN ESSENTIAL JOB FUNCTION? Part 2 of the Pregnant Workers Fairness Act and the Proposed Regulations
The Pregnant Workers Fairness Act and the Proposed New Regulations Part 1
The Pregnant Workers Fairness Act (PWFA) was signed into law in December 2022 and has become effective as of June 27, 2023. The Equal Opportunity Commission, having enforcement authority, accepted complaints on that date. On August 11, 2023, the EEOC published proposed regulations for the Act in the Federal Register. Comments are due within 60 days from that date. Employers are able to provide their comments on the proposed regulations electronically … [Read more...] about The Pregnant Workers Fairness Act and the Proposed New Regulations Part 1
Misuse of Clinical Practice Guidelines
The Association of American Physicians and Surgeons is sounding the alarm on the abusive use of CPG's against doctors. Instead of being treated as guidelines, they are being treated as mandates to quash robust debate and to curtail independent medical judgment of physicians: “CPGs are based entirely on consensus,” Dr. Huntoon writes. “They are often influenced or driven by profit, cost containment, and politics, and may vary widely depending on the underlying incentives of … [Read more...] about Misuse of Clinical Practice Guidelines
Interesting Supreme Court Case Regarding the False Claims Act
On June 1, 2021, the U.S. Supreme Court ruled in the qui tam case, U.S. ex rel. Schutte v. SuperValu Inc , that the scienter (intent or knowledge of wrongdoing) element of the False Claims Act is the defendant's "knowledge and subjective belief" as opposed to what an objectively reasonable person may have known or believed. This overturns some other circuits' … [Read more...] about Interesting Supreme Court Case Regarding the False Claims Act
Proposed Rule Banning and Rescinding Non-competes
The FTC has proposed a rule which would ban employers from using non-compete clauses in employment contracts. Additionally, it would require employers to rescind any existing contract clauses. Expect push-back. In the meantime, the period for making comments is 60 days from the posting of the proposed rule. Therefore, if adopted, this rule would prevent health providers from requiring that employees or contractors sign non-competes, You will also have to inform any … [Read more...] about Proposed Rule Banning and Rescinding Non-competes
New Appeals Rules Effective 1-1-23
As of January 1, 2023, appeal cases for Home and Community-based Services and Texas Home Living administrative penalties, contract terminations, vendor holds, recoupments, and denial of payment from the HHSC Appeals Division to the Texas State Office of Administrative Hearings (SOAH). The rules also clarify that both Long-term Care Regulation and Provider Investigations employee misconduct registry cases for any LTCR-regulated provider type will be heard by SOAH. Here are the new … [Read more...] about New Appeals Rules Effective 1-1-23
Proposed Worker Classification Rule
The DOL continues its efforts to rule over American businesses in a "one-size fits all" approach. Its hatred of independent contracting once again emerges. Then, of course, after further exacerbating staffing problems, the government will fine you for any issues in care arising from not having enough people to render care. … [Read more...] about Proposed Worker Classification Rule
Dawn Begins to Break
New York’s Richmond County Supreme Court recently ordered workers fired for refusing to take the vaccine and whose requests for exemptions were denied the reinstated with back pay. One of the most important statements made by the court was that being vaccinated does not prevent an individual from contracting or transmitting Covid 19. Being vaccinated does not prevent an individual from contracting or transmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine … [Read more...] about Dawn Begins to Break
And So It Starts…
...coming out. This is interesting: Adverse Effects of COVID-19 Vaccines and Measures to Prevent Them. “Recently, The Lancet published a study on the effectiveness of COVID-19 vaccines and the waning of immunity with time. The study showed that immune function among vaccinated individuals 8 months after the administration of two doses of COVID-19 vaccine was lower than that among the unvaccinated individuals. According to European Medicines Agency recommendations, frequent COVID-19 … [Read more...] about And So It Starts…
