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Sterilizing instruments with a coffee machine puts hospital in hot water with the NLRB

Baker & Hostetler LLP
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USA
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August 2 2012

On a February morning a hospital's heat, hot water and steam system was being repaired

Facebook access faceoff

Baker & Hostetler LLP
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USA
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June 7 2012

A New Jersey hospital's union president brought suit against the hospital alleging violations of the federal Electronic Communications Privacy Act, New Jersey Wiretapping and Electronic Surveillance Control Act, invasion of privacy and other laws as a result of a hospital supervisor's demand that an employee provide access to the union president's Facebook page

Collection agency allegedly usurped charitable hospital's management control

Baker & Hostetler LLP
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USA
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May 10 2012

Accretive Health, Inc. (Accretive), according to the Minnesota attorney general's six volume report , entered into Revenue Cycle and Cost Management Agreements (Agreements) with Fairview Health Services (Fairview

Professional liability insurance - sexual assault loophole

Baker & Hostetler LLP
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USA
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September 29 2011

Radiology Associates filed suit against its insurers to compel the insurers to defend Radiology Associates against claims stemming from an employee's alleged sexual assault of a patient while performing an unauthorized examination at their facility

Joint venture company advisory opinion

Baker & Hostetler LLP
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USA
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April 14 2011

The U.S. Department of Health and Human Services (HHS) OIG on April 7 issued OIG Advisory Opinion No. 11-03, in which it concluded that the formation and operation of a new long-term care pharmacy to be owned by an employee of a sponsoring long-term care pharmacy along with long-term care facility owners could potentially constitute a kickback

FDA issues guidance on clinical investigator responsibilities

Baker & Hostetler LLP
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USA
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October 29 2009

The Food and Drug Administration (FDA) recently issued Guidance for Industry Investigator ResponsibilitiesProtecting the Rights, Safety, and Welfare of Study Subjects (Guidance) to help investigators satisfy their responsibilities with respect to protecting human subjects and ensuring the integrity of the data from clinical investigations

H1N1 OSHA inspections

Baker & Hostetler LLP
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USA
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October 29 2009

On October 14, the Occupational Safety and Health Administration (OSHA) announced that it will issue a compliance directive in the near future regarding inspections related to healthcare workers facing high to very high risk of occupational exposures to the 2009 H1N1 influenza A virus

Hospital liable under aviation safety whistleblower law

Baker & Hostetler LLP
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USA
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July 23 2009

Miami Valley Hospital (Miami Valley) and an air ambulance service which furnished pilots and mechanics for the hospital's air ambulance operation were held jointly liable by the U.S. Department of Labor's Administrative Review Board (Board) for violating the whistleblower protection provisions of the Aviation Investment and Reform Act for the 21st Century (AIR 21) when they fired an air ambulance pilot as a result of his safety-related complaints to a supervisor and the Federal Aviation Administration

Texas court holds recruitment agreement does not create hospital respondeat superior liability

Baker & Hostetler LLP
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USA
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May 14 2009

In a recent case, the Fort Worth Court of Appeals held that a physician recruitment agreement that provided a physician with an income guaranty, sign-on bonus and relocation reimbursement did not make the hospital liable for the malpractice liability of a physician under the doctrine of respondeat superior

Swine flu prompts heightened alert; issues for employers

Baker & Hostetler LLP
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Global, USA
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April 30 2009

The World Health Organization (WHO) has raised the Pandemic Threat Level for swine flu influenza A(H1N1) to phase 5 out of 6 levels, signifying that human-to-human transmission is occurring all over the world