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New Texas privacy law expands HIPAAHITECH requirements in key areas

Baker & Hostetler LLP
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USA
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August 4 2011

Residents of the state of Texas recently received additional protections when Governor Rick Perry signed a measure into law protecting patients’ data in EHRs and increasing penalties for violation of the healthcare privacy laws

Ohio adopts new patient notification law for terminating physician employment

Baker & Hostetler LLP
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USA
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March 21 2013

Until recently, physicians were required by rules of the State Medical Board of Ohio to notify their patients upon termination of services or

Wage and hour collective actions hit the healthcare industry

Baker & Hostetler LLP
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USA
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December 10 2009

Claims and lawsuits filed on behalf of groups of employees under the Fair Labor Standards Act (FLSA) have more than tripled in the last ten years, and the latest trend appears to be the proliferation of wage and hour collective actions targeting hospitals and other healthcare employers for unpaid wages and overtime

Are charge nurses supervisors? Sixth Circuit decision is cautionary tale for employers

Baker & Hostetler LLP
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USA
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August 16 2012

Over the past decade, the status of the charge nurse has been the subject of a great deal of uncertainty under the National Labor Relations Act (the Act

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

Federal case decides Rehabilitation Act covers contractor discrimination claims

Baker & Hostetler LLP
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USA
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December 31 2009

The Ninth Circuit ruled in Fleming v. Yuma Regional Medical Center, 07-16427, that the federal Rehabilitation Act applies to discrimination claims brought by an independent contractor

Ninth Circuit solidifies split of authority on drug sales representative overtime exemption

Baker & Hostetler LLP
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USA
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February 25 2011

In a decision that emphasizes practicality over formalism, the Ninth Circuit recently held that pharmaceutical sales representatives ("PSRs") are exempt from overtime pay

2009 new law: overtime exemption for physicians paid on hourly basis

Baker & Hostetler LLP
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USA
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January 6 2009

A licensed physician or surgeon who is primarily engaged in performing duties for which licensure is required is exempt from overtime if heshe is paid at least the minimum hourly rate set annually by the state

New law prohibits genetic discrimination

Baker & Hostetler LLP
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USA
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May 27 2008

The newly enacted Genetic Information Nondiscrimination Act of 2008 ("GINA") adds individual genetic information to the list of protected employee characteristics

Deferred compensation forfeiture clause declared to be an unenforceable non-compete agreement

Baker & Hostetler LLP
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USA
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February 19 2009

A Texas Court of Appeals recently held that a medical practice's deferred compensation program's forfeiture provision was an unenforceable non-compete agreement

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