Tag Archives: hospitals

Massachusetts Nurses Association Battles Hospital Over Influenza Vaccine

On September 22, 2014, the Massachusetts Nurses Association (MNA) filed a complaint in Massachusetts Superior Court seeking an injunction against implementation of a new mandatory influenza vaccination policy by Brigham & Women’s Hospital (BWH). According to a recent article in the Boston Globe, BWH has a much lower influenza vaccination rate (77 percent) than other … Continue Reading

CMS Offer Deadline to Settle Hospital Inpatient Claim Appeals Draws Near

In an attempt to clear the backlog of appeals of short inpatient stays, the Centers for Medicare and Medicaid Services (CMS) recently announced a settlement offer for hospitals with claims currently pending in the appeals process. In exchange for withdrawal of their appeals, CMS is offering these hospitals 68 percent of the net payable sum to resolve … Continue Reading

DEA Authorizes Take-Back Programs for Pharmacies

The U.S. Drug Enforcement Administration (DEA) recently issued a Final Rule expanding the facilities that can collect unused prescription drugs to now include retail pharmacies, hospitals and pharmaceutical manufacturers, as well as other specified entities. The Final Rule allows these entities to institute prescription drug take-back programs where patients can turn over unused pharmaceuticals either … Continue Reading

Washington, D.C., Joins the Ban-the-Box Movement for Private Employers

Editor’s note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. The District of Columbia has passed one of the most stringent ban-the-box laws in the nation.  The D.C. law includes the typical prohibition on asking questions about criminal background during the application process, but it also adds a requirement, similar to New York … Continue Reading

Academic Medical Centers: Clinical Care, Research and Teaching (or Maybe Not?)─Graduate Medical Education and the Future

In the world of healthcare policy and law, we usually discuss issues impacting providers, but don’t often report about the training and infrastructure behind what allows our healthcare system to treat patients in our facilities. Many warnings have come and gone about how we are not training enough physicians for primary care, and the ACA … Continue Reading

Background Check Lawsuits: If It’s Not One Thing, It’s Another

Editor’s Note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. As we previously have written, employer use of criminal records and background checks with respect to applicants and employees has been the subject of challenge on the grounds that such checks tend to discriminate against African-American, Hispanic, and male applicants.  Indeed, on July … Continue Reading

Background Check Questions: Illinois Joins Ban-the-Box States; New Jersey May Be Next

Editor’s Note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. Illinois Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to prohibit private employers from asking criminal … Continue Reading

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

Editor’s note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a staffing agency. It should have. The issue of whether a … Continue Reading

Federal Court in New York Decertifies FLSA Collective Action of 1,000 Hospital Workers Challenging Auto-Deduct Policy

Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies. A recent case, arising out of the Eastern District of New York, a jurisdiction that generally has been friendly to plaintiffs in this arena, suggests that such claims may ultimately fail. In … Continue Reading

Children’s Hospitals Today Publishes Article on Data Breach Prevention and Response by Partner Lynn Sessions

The Spring 2014 issue of Children’s Hospitals Today, published by the Children’s Hospital Association, features an article by BakerHostetler partner Lynn Sessions on preparing and responding to healthcare data breaches. In the article, “Breached: 10 Ways to Prepare and Respond,” Sessions discusses potential consequences of failing to adequately respond to a data breach, including “regulatory … Continue Reading

What the WTP? The Rise of Merger Simulation in Hospital Transactions

If you are a health system or hospital thinking about a potential transaction and your lawyers haven’t spoken with you about hospital merger simulation, then maybe you should be talking with someone else. What is hospital merger simulation? In recent years, the Federal Trade Commission (FTC) has come to rely more heavily on hospital merger … Continue Reading

So Much for Stop, Drop and Roll: CMS Proposes New Fire Safety Update

CMS has announced a proposed rule updating Medicare/Medicaid fire safety standards. In particular, CMS proposes to adopt the National Fire Protection Association’s (NFPA) 2012 edition of the Life Safety Code (LSC) and the Health Care Facilities Code (HCFC), with some modifications, including changes in the areas of emergency preparedness requirements, for which CMS recently announced … Continue Reading

Connecticut’s Attorney General Wants to Know in Advance if You Are Going to Join Forces With a Healthcare Provider

Editor’s Note:  This post originally appeared on BakerHostetler’s Antitrust Advocate blog. Back in early 2013, Connecticut’s Attorney General (AG) formed a “Health Care Competition Working Group” within his office to examine the potential impact of horizontal mergers (e.g., hospital to hospital) and vertical provider acquisitions (i.e., hospitals buying up physician practices) “may have on the … Continue Reading