Custodians of personal health information have become a prime target for ransomware attacks. In addition to fines for HIPAA violations, failure to safeguard patient medical information against these threats can lead to liability under state negligence and gross negligence laws, including within the framework of potentially disastrous class action lawsuits. The recent case … [Read more...] about Failure to prevent ransomware attacks exposes healthcare providers to costly negligence lawsuits
Compliance
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your medical office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the … [Read more...] about What to do if an employee defies your mandatory vaccination policy
New technical guidance on religious exemptions to vaccination
By Mike O’Brien EEOC Issues New Technical Guidance on Religious Exemptions to Vaccine Mandates On Oct. 25 the Equal Employment Opportunity Commission (EEOC) issued new updates to its Covid-19 technical guidance. Specifically, the EEOC seeks to clarify employer obligations and employee rights related to religious exemptions to vaccine mandates. The guidance addresses the … [Read more...] about New technical guidance on religious exemptions to vaccination
Updates and more updates about vaccine mandates
By Mike O’Brien Given the flurry of recent news reports surrounding COVID vaccine requirements, an update about mandates seems, well, mandatory. Like our readers, the authors of these updates look forward to a happier time, when the most pressing issues in HR law are not all somehow pandemic-related. In the meantime, we will do our best to keep you up to date. OSHA sends … [Read more...] about Updates and more updates about vaccine mandates
Due diligence in practice acquistions and physician employment
By John W. McDaniel Many hospitals and healthcare organizations are being approached by private practice physicians and physician groups seeking refuge from the unstable state of the healthcare economy and what lies ahead. While many healthcare organizations are employing physicians in order to solidify their market position, others (particularly in rural areas) find this … [Read more...] about Due diligence in practice acquistions and physician employment
Model Medical Office Workplace Vaccine Passport Policy
Although courts have yet to weigh in on the issue, guidelines from the US Equal Employment Opportunity Commission and other regulatory agencies indicate that employers may implement vaccine passports if they perform a workplace assessment and determine that limiting entry to the vaccinated is a necessary health and safety measure to prevent an imminent risk. Employers must also … [Read more...] about Model Medical Office Workplace Vaccine Passport Policy
5 things to do when implementing a vaccine passport policy at your medical office
Like many other health providers, you might have been undecided about whether to mandate that your employees get the COVID-19 vaccine. However, now that the FDA has fully approved a coronavirus vaccine, namely, the Pfizer BioNTech, you are on much stronger legal ground in requiring that employees get vaccinated. One strategy that may work, especially for offices that aren’t … [Read more...] about 5 things to do when implementing a vaccine passport policy at your medical office
Fraud recoveries grow as feds target telemedicine and COVID-19 add-on test scams
Despite the COVID-19 pandemic and continued sequestration of enforcement funds, the federal Health Care Fraud and Abuse Control Program (Program) reversed recent trends and recovered more money in FY 2020 than it had the year before. In fact, recoveries for the year reached nearly $3.1 billion, the highest return since 2016. Here’s a briefing for medical office managers on the … [Read more...] about Fraud recoveries grow as feds target telemedicine and COVID-19 add-on test scams
OSHA orders inspectors to use the hammer to enforce new COVID-19 protocols
On June 21, OSHA issued a new Emergency Temporary Standard (ETS) requiring health care providers to take extensive measures to protect frontline workers against risk of COVID-19 infection. Exactly one week later, the agency issued internal Compliance Directive 2021-02 (the Directive) telling OSHA inspectors how to enforce the new ETS. The 67 pages of instructions shed light on … [Read more...] about OSHA orders inspectors to use the hammer to enforce new COVID-19 protocols
Making faces doesn’t count as retaliation
By Mike O'Brien Not every negative consequence amounts to retaliation In asserting a claim for retaliation, an employee must prove he or she suffered a “materially adverse action.” But that probably doesn’t include someone “making faces” at you. In Fisher v. Bilfinger Industrial Services Inc., the employee alleged that his supervisor retaliated against him by (among other … [Read more...] about Making faces doesn’t count as retaliation