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Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use
  • Proskauer Rose LLP
  • USA
  • July 19 2017

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical


Updated Health Care Reform Legislation Comparison Chart
  • Proskauer Rose LLP
  • USA
  • July 14 2017

The chart below compares key provisions of the Affordable Care Act (ACA), the American Health Care Act (AHCA) and the Better Care Reconciliation Act


Better Care Reconciliation Act - Key Takeaways for Employers and Plan Sponsors
  • Proskauer Rose LLP
  • USA
  • June 28 2017

On June 22, 2017, the Senate released its much anticipated health care reform legislation - the Better Care Reconciliation Act (“BCRA”) (linked to


Health Care Reform Weekly Roundup - Issue 7
  • Proskauer Rose LLP
  • USA
  • July 14 2017

All eyes are on the Senate at the moment as efforts to round-up support for the Better Care Reconciliation Act (BCRA) continue. Developments over the


The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions
  • Proskauer Rose LLP
  • USA
  • August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation


Recent guidance on fixed indemnity plansFAQ’s relax standards
  • Proskauer Rose LLP
  • USA
  • January 10 2014

As previously reported, the federal agencies responsible for drafting the rules implementing the Affordable Care Act (ACA) (the U.S. Labor Department


ERISA pre-emption in provider misrepresentation claims: an overview of the jurisprudence leading up to the Fifth Circuit’s en banc review of Access Mediquip and what lies ahead
  • Proskauer Rose LLP
  • USA
  • September 14 2012

The U.S. Court of Appeals for the Fifth Circuit recently granted en banc review of its decision in Access Mediquip LLC v. UnitedHealthcare Ins. Co. to address a frequently recurring issue arising in health care litigation: whether ERISA Section 514 preempts a third-party provider’s state law claims premised on allegations that it was misled by an insurer’s statements regarding patient coverage


Employment Status - Secretary of State for Justice v Windle and Arada
  • Proskauer Rose LLP
  • United Kingdom, USA
  • August 2 2016

In Secretary of State for Justice v Windle and Arada the Court of Appeal held that: supplying services on an assignment-by-assignment basis, rather


Third Circuit Endorses Title IX and Title VII Claims of Medical Resident
  • Proskauer Rose LLP
  • USA
  • March 21 2017

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a


FLSA suits in healthcare highlight payroll practice issues
  • Proskauer Rose LLP
  • USA
  • April 13 2010

A number of plaintiffs' law firms have set up websites devoted to hospital overtime and class action lawsuits, and at least one firm has sent personalized letters to employees of no less than 20 hospitals in the New York City area alone, asking for consent to file wage-hour actions on their behalf