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
Nurses Lose Overtime Case in Texas Supreme Court
In McAllen Hospitals LP et al. v. Lopez issued by the Texas Supreme Court, a group of nurses lost a case in which they claimed that they were intended to have been paid a yearly salary rather than hourly. A yearly salary would have meant more money. The Court found: The Court stated that “we hold there is no evidence that would have allowed reasonable, fair-minded people to find that the employer and its employees had a meeting of the minds on a fixed amount of pay. We … [Read more...] about Nurses Lose Overtime Case in Texas Supreme Court
Healthcare concerns looms as Nursing provider shortage facing country intensifies
News reports have indicated that the Texas's large population of older residents, healthcare systems and assisted living facilities (ALF) could be impacted due to a nursing provider (NP) shortage facing the entire country. Central Texas and the Texas Panhandle are largely affected by the shortage of nurses. According to a Nursing Shortage Factsheet : The U.S. is projected to experience a shortage of Registered Nurses (RNs) that is expected to intensify as Baby Boomers age and the need for … [Read more...] about Healthcare concerns looms as Nursing provider shortage facing country intensifies
Texas Biometric Privacy Law restricts certain “biometric identifiers.” Only three states have laws regulating the collection and storage of Biometric data.
Healthcare is rapidly expanding the use of biometric information with hospitals utilizing fingerprinting to secure patient electronic data. Employers are also using the technology which debaters argue could compromise an individual’s right to privacy. However, new laws continue to create protection and security through the use of biometric information. “Biometrics” are biological measurements that cannot be replicated of individual biological patterns or characteristics such as fingerprints, … [Read more...] about Texas Biometric Privacy Law restricts certain “biometric identifiers.” Only three states have laws regulating the collection and storage of Biometric data.
Physician shortage in Texas spells major issues for aging population
43 US states have a higher proportion of primary care physicians to residents than Texas and 35 out 80 Texas counties have no doctors at all. According to news reports, there are not enough doctors in Texas, especially in certain rural stretches of South Texas. The shortage will require training — and retaining — more physicians in Texas but one main problem is that the state needs to add more residency slots for post-graduate medical training to remain competitive — a problem that has plagued … [Read more...] about Physician shortage in Texas spells major issues for aging population
Health Care Providers See Millennials as Key to Nursing Shortage
Shortage of Nurses and nursing providers have increased as more of the population retires. Millennials, who fall between the birth years of 1982 to 2000 are the top age group that is becoming the largest group in the in-home care workforce. According to a new study published in the October edition of Health Affairs an average millennial is now 186% more likely to become a registered nurse (RN) compared to baby boomers who's generation are the ones most typically in the highest leadership … [Read more...] about Health Care Providers See Millennials as Key to Nursing Shortage
HHSC Requires Providers to Immediately Redo all Nurse Aide Registry Status Searches
Provider Letter No. 17-24 All Providers who used the Nurse Aide Registry(NAR) from June 14, 2017, through August 3, 2017 are now required by HHSC to recheck the status searches due to an error by contractor Pearson Vue which placed ineligible nurse aides on “Active” status and mailed these ineligible individuals an invalid certificate. This error also caused 50 inaccurate event-based emails to be sent to 19 individual candidates. If a search result now shows that a nurse aide is not in … [Read more...] about HHSC Requires Providers to Immediately Redo all Nurse Aide Registry Status Searches
Don’t Forget Due Diligence for Identifying Immigration Issues When Merging or Buying a Business
When merging with or purchasing an already functioning business providing long term care, it is important that you address the immigration and employment issues in your due diligence checklist and process. Failure to do so, may cause legal problems for you after the purchase.You should determine whether the business has employees who are in the country by virtue of visas. In particular, HB1 visas can be an issue as these visas are only valid for a specified employer. Given that the employer will … [Read more...] about Don’t Forget Due Diligence for Identifying Immigration Issues When Merging or Buying a Business
HHSC – Learning Collaborative Summit
HHSC has posted information on the August 27th - 28th Statewide Learning Collaborative Summit, including the livestream link and agenda, on the Dates and Deadlines page. Visit us at Garlo Ward, PC … [Read more...] about HHSC – Learning Collaborative Summit
Social Media and Your Health Care Organization
A new study on social media and health care shows that more than 1, 200 hospitals participate on 4,200 social networking sites. Social media is changing the nature of healthcare interaction, and health care organizations that ignore this virtual environment may be missing opportunities to engage consumers. From a marketing perspective, health care organizations and small businesses should seize the opportunities to capitalize on social media. However, social media in health care is not … [Read more...] about Social Media and Your Health Care Organization
