With low unemployment rates in the Carolinas, many companies – including health care providers – are looking to their competitors to find qualified employees. This hiring strategy has led to a surge in litigation over employee noncompetition and related restrictive covenants. Over the past decade, North Carolina and South Carolina courts have dramatically changed their views on enforceable employment restrictions, meaning that many older agreements may no longer be enforceable.Read More
Over the past several years, we have received multiple inquiries from employers confronted with claims that they have misclassified service technicians as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), including from health care organizations. In a typical situation, the technicians in question are highly skilled and experienced workers who travel to customer locations for purposes of installing and servicing sophisticated machinery and equipment. The service technicians may be paid salaries close to six figures, and the equivalent time and one-half hourly overtime rate would be extremely high, especially given the amount of working time spent traveling.Read More
We both recently returned from presenting to groups of health care providers on creating and implementing effective compliance programs. Although compliance plans and compliance programs are not new to the health care realm, their importance cannot be understated. Accrediting bodies, payers, auditors and investigating entities expect for providers to have compliance plans in place – and expect them to be followed. Here are a few key points about turning a policy into an effective compliance plan:Read More
Florida Governor Rick Scott recently signed into law a medical marijuana use bill that was prompted by a voter referendum that amended the Florida Constitution to provide certain patients the right to use marijuana for medical purposes. The law limits such rights to patients with debilitating medical conditions but does not specifically define this term. For employers in Florida and beyond, these medical marijuana legalization laws raise questions regarding their ability to enforce policies that prohibit the use of marijuana by employees on or off duty.Read More
Last week, President Trump named his final appointee to the National Labor Relations Board (NLRB), giving Republicans a majority of the board’s members. Over time, this majority is likely to reverse a number of controversial pro-labor positions adopted by the NLRB during the Obama administration, including some policies that would affect health care providers.
Medicaid expansion has already had a huge impact on whether mental health needs are treated in certain populations. That may not be at the top of all the stories lately about the U.S. House of Representatives passing its replacement of the Affordable Care Act and the Senate considering its own version. But it is a significant piece of our country’s behavioral health puzzle. The expansion brought coverage to many low-income adults without children, a group that had largely been left out of Medicaid programs.
On February 21, Patti Bartis of Parker Poe highlighted the significant employment law issues facing medical practices on a webinar hosted by the North Carolina Medical Society Foundation in cooperation with the North Carolina Medical Group Management Association.
While much of the attention related to health care this week is focused on our nation’s capital, all 50 state governors have received a letter from recently confirmed U.S. Health & Human Services Secretary Tom Price and Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma. The letter begins by noting the challenges facing Medicaid. The authors describe Medicaid expansion as “a clear departure from the core, historical mission of the program” and as creating “an incentive to deprioritize the most vulnerable populations.” The letter then commits to working with expansion states (31 plus the District of Columbia) and non-expansion states (19) on a “solution that best uses taxpayer dollars to serve the truly vulnerable.”
Join the American Health Lawyers Association in Baltimore for the Institute on Medicare and Medicaid Payment Issues. Parker Poe’s Matt Wolfe will be providing an overview of ACA-Related Litigation and Impact of New Administration at a joint luncheon sponsored by AHLA’s Behavioral Health Task Force and AHLA’s Health Care Reform Task Force on March 30.
Read more here.
March 22, 2017 | 3:00-4:00pm EST
Violence is a more common source of injury in healthcare than other industries and Home Care employers have many workplace challenges. The Home Health Care Industry carries unique risks and hazards and the environment is uncontrolled and more highly varied than traditional health care facilities. Home health workers may also be at risk from the community surrounding the home (robbery, car theft, vandalism). In a recent OSHA enforcement action against a home care agency, the agency was found not to take the steps needed to address employee exposure to workplace violence in a patient’s home.