2009

 The Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster. The new workplace notice is for use by employers covered by federal civil rights and anti-discrimination laws. The new poster incorporates the requirements of the Genetic Information Nondiscrimination Act (GINA) and changes made by the Americans with Disabilities Act…

In Feller v. Miriam Hospital, the Rhode Island Superior Court provides additional guidance regarding immunity protection pursuant to the Health Care Quality Improvement Act (HCQIA). 

In that case, Dr. Joseph Feller was practicing at Miriam Hospital in Rhode Island. He encountered some disciplinary issues in 2002 and agreed to both monitoring by a hospital appointed…

Contributed by: Piyush Seth, Esquire

412.594.5640, pseth@tuckerlaw.com

As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed.  As per American Immigration Lawyers Association, see  AILA InfoNet Doc. No. 09042065 (posted Nov. 17, 2009).   USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from…

 The Family and Medical Leave Act provides for job protected unpaid leave for the birth, adoption, or foster care placement of a child, an employee’s serious health condition, or to care for a parent, spouse or child with a serious health condition. The FMLA generally applies to employers with 50 or more employees, and to …

CMS Finalizes Supervision Requirements For Hospital Outpatient Services 

 

By Joan L. Lowes, Lori A. Wink, and Regan E. Tankersley, Hall Render Killian Heath & Lyman

The waiting is over for hospitals that have been anticipating further word from the Centers for Medicare and Medicaid Services (CMS) on the direct supervision requirements applicable to outpatient

…

In Wojnicki v. Warren Geriatric Village, Inc. a malpractice action against Dr. Manisha Gupta and Anchor Senior Medical Services, LLC., a Michigan state court ruled that the nursing facility must indemnify Dr. Gupta for failing to provide the tail portion of a claims made malpractice policy.

The issue in this case was which party is…

One component of the ongoing health care reform debate is the cry for tort reform. While tort reform would certainly be welcome in the health care industry, the need for tort reform is more an issue of justice than controlling health care costs. The Congressional Budget Office (CBO) and the Congressional Research Service provided a report (Medical…

On October 30, 2009, the Department of Health and Human Services published an Interim Final Rule addressing HIPAA Enforcement. The Interim Final Rule, effective November 30, 2009, defines the terms "reasonable cause", "reasonable diligence", and "willful neglect" and relates those definitions to the applicable civil money penalties in the event of a violation. The Interim Final Rule…

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Tucker Arensberg’s Healthcare Practice Group includes some of the most experienced health law attorneys in the region. We handle the legal problems so our clients can handle the important work of caring for patients. We work with physicians, physical therapists, dentists, optometrists, and all other professional care givers to help them avoid the many legal traps of running a practice. Tucker Arensberg lawyers have experience in all major health law issues.