News & Analysis as of

Patients Employer Liability Issues

Health Care Compliance Association (HCCA)

Disclosure of Full Record to Employer Results in $35K Fine, Broad CAP; Echoes of 2017 HIV Case

It’s not immediately obvious why someone would want to disclose a health care test result as part of a job application. But one such request spurred a Pennsylvania entity to provide a lot more than that: it sent her whole...more

Dentons

Ep. 36 – What to Consider When Terminating a Patient-Care Relationship

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Healthcare workers nationally are facing an increase in workplace violence, often instigated by patients and visitors. A study published earlier this year reported that almost 20% of healthcare workers have faced physical...more

Seyfarth Shaw LLP

Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal

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Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more

Sheppard Mullin Richter & Hampton LLP

Tick-Tock – Time for Healthcare Employers to Review Their Internet and Social Media Use Policies!

A. Health Care Providers Benefit from Internet and Social Media Presence. Electronic medical record software and social media offer wide-ranging ways for health care providers to connect with their patients and the public....more

Schwabe, Williamson & Wyatt PC

Blurred Lines in Healthcare Employment: HIPAA Implications When Employees are Patients

During the COVID-19 pandemic, questions about employee health-privacy-related symptoms, testing, and vaccination became prevalent in discussions about the workplace at all levels—from “the water cooler” to national news...more

McDermott Will & Emery

OSHA Announces Plan to ‘Expand Its Presence’ in Certain Healthcare Facilities Treating COVID-19 Patients

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Between March 9, 2022, and June 9, 2022, the US Occupational Safety and Health Administration (OSHA) will “expand its presence” in hospitals and skilled nursing facilities that treat COVID-19 patients and that were previously...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

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“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

McAfee & Taft

Oklahoma Medical Marijuana and Patient Protection Act addresses workplace safety concerns for employers

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Oklahoma took its second major step into the field of medical marijuana yesterday, as Governor Stitt signed into law the so-called “Unity Bill” — a comprehensive measure designed to add regulatory clarity in the industry made...more

Fisher Phillips

Medical Marijuana In Missouri: New Law Brings New Questions For Employers

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Missouri voters approved Amendment 2 on Election Day 2018, one of the three medical marijuana measures appearing on the state’s ballot. Amendment 2 adds an article to the Missouri Constitution legalizing medical use of...more

Fisher Phillips

Protecting Employees From Patient Harassment: It’s No Laughing Matter

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“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Sheppard Mullin Richter & Hampton LLP

Healthcare Organizations Take Notice: The Joint Commission Issues Recommendations to Stem Workplace Violence

In an effort to curb workplace violence against healthcare workers, The Joint Commission, a national healthcare accreditation body, recently issued seven actions healthcare organizations are encouraged to implement. The...more

Holland & Knight LLP

Healthcare Law Update: May 2018

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Enforcement - OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor - On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more

Fisher Phillips

An Ounce Of Prevention Is Worth A Pound Of Cure When It Comes To Protecting Your Trade Secrets

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Anyone working in the healthcare industry knows the saying: “an ounce of prevention is worth a pound of cure.” It’s one of the most common adages used when discussing the benefits of a healthy lifestyle or the importance of...more

K&L Gates LLP

K&L Gates Triage: Sexual Harassment in Healthcare: #MeToo and Beyond

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In this episode, Bridget Blinn-Spears discusses sexual harassment issues for health care employers in the wake of the #MeToo movement. While the law in this area has been established for decades, there continues to be a high...more

Fisher Phillips

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

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In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

Butler Snow LLP

A New Wave – Eleventh Circuit Rejects “Barbetta Rule,” Opts for Cruise Line Liability

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What happens if a passenger gets sick on a cruise ship and the treating physician, employed by the cruise line, is negligent in caring for the passenger? Is the cruise line liable?...more

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