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U.S. Department of Health and Human Services issues final rules requiring breach notification for unsecured protected health information

Vorys Sater Seymour and Pease LLP
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USA
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August 27 2009

On August 24, 2009, the U.S. Department of Health and Human Services (“HHS”) published its final rule requiring notification when health information is breached

FTC issues health care notice of breach final rule under the American Recovery and Reinvestment Act of 2009

Vorys Sater Seymour and Pease LLP
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USA
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August 28 2009

On August 25, 2009 the Federal Trade Commission (FTC) published its final rule relating to notification of individuals when their health information is breached

Reporting and paying excise taxes on group health plan compliance failures

Vorys Sater Seymour and Pease LLP
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USA
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September 14 2009

Many mandates imposed on group health plans are part of both the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (the Code

Fraud and abuse

Vorys Sater Seymour and Pease LLP
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USA
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May 1 2007

The Centers for Medicare and Medicaid Services (“CMS”) recently announced that its deadline for publishing the Phase III Stark regulations has been extended from March 26, 2007 to March 26, 2008

Medical malpractice

Vorys Sater Seymour and Pease LLP
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USA
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May 1 2007

An Ohio Court of Appeals held that a hospital may be vicariously liable for the alleged negligent acts of a nurse, despite the expiration of the statute of limitations for a direct action against the nurse

Nurse who performs some managerial tasks is not a supervisor under National Labor Relations Act

Vorys Sater Seymour and Pease LLP
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USA
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May 1 2007

In a recent District of Columbia Circuit Court decision, Jochims v. NLRB, 2007 WL 860854 (D.C. Cir. Mar. 23, 2007), the court reversed the National Labor Relations Board’s (“NLRB”) decision that a registered nurse who worked as a “weekend supervisor” at a Missouri nursing home was a supervisor under the National Labor Relations Act (“NLRA”

Medical staff credentialing

Vorys Sater Seymour and Pease LLP
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USA
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May 1 2007

In a recent opinion, the California Court of Appeal, Fourth District, held that the former chair of the Department of Orthopedic Surgery at Palomar Medical Center could pursue his various claims brought against the hospital and staff members who initiated a peer-review action against him despite the application of California’s anti-SLAPP Strategic Lawsuit Against Public Participation law

A new discrimination law: the Genetic Information Non-Discrimination Act

Vorys Sater Seymour and Pease LLP
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USA
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May 12 2008

It started when a railroad had certain employees submit a blood test

GINA undercuts the utility of health risk assessments

Vorys Sater Seymour and Pease LLP
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USA
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October 6 2009

Wellness initiatives that include health risk assessments (HRAs) will be significantly impacted by the Genetic Information Nondiscrimination Act of 2008 (GINA

How can employers minimize the effect of the influenzaH1N1 on the workplace?

Vorys Sater Seymour and Pease LLP
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USA
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October 26 2009

With flu season upon us and growing concern about the H1N1 virus, employers should take steps to alleviate the spread of the virus among their employees and to prepare for the possibility of an influenza outbreak

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