Healthcare Workplace Update

Labor and Employment Laws and Developments in Healthcare Industry

In today’s world, people are accustomed to accessing endless information with their mobile phone. Accessibility to their own conversations regarding their health may not be any different. What happens when a patient wants to use this technology to preserve his or her access to medical information by recording their medical appointment? A recent study by the Dartmouth Institute for Health Policy and Clinical Practice examined patient recordings of clinical encounters and found they are becoming…
The 2018-2019 New York State Budget seeks to advance the state’s strategic policies of encouraging the merger of existing Licensed Home Care Services Agencies (LHCSAs), reducing the number of new LHCSA providers entering the marketplace, and providing more state control over existing LHCSAs. Our colleagues in the Health Law and Transactions team provide details on the state freezing new LHCSAs and a registration requirement, among other provisions. You can read more about it here.…
An Illinois District Court recently denied certification of a class of female physicians claiming that their employer’s pay practices unlawfully discriminated against women in violation of Title VII, the Illinois Equal Pay Act, and the Illinois Civil Rights Act (Ahad v. Board of Trustees of Southern Illinois University). Plaintiff alleged that the implementation of the defendant’s, Southern Illinois University Board of Trustees’, “compensation plan” resulted in pay disparity between male and female physicians.…
The American Society for Healthcare Human Resources Administration’s 54th Annual Conference & Exposition held on September 15-18, 2018 in Pittsburgh focused on empowering attendees to meet the new realities faced by health care human resources professionals. Here are the Jackson Lewis Healthcare Industry Team’s “Top 5” takeaways from the conference. Investing in Developing Physician Leaders Pays Off. Being a physician leader requires more than being a great practitioner. Conference attendees heard how executive coaching can…
On August 27, 2018, the Seventh Circuit Court of Appeals reversed an Illinois District Court in holding that a seventy-year-old homosexual woman could maintain her Fair Housing Act (FHA) claims against retirement community, Glen St. Andrew Living Community, for failing to take reasonable steps to prevent the “torrent of physical and verbal abuse from other residents” allegedly suffered by the plaintiff because she is openly lesbian. The plaintiff’s complaint alleges that she routinely reported incidents…
ICE and CPB consider hospitals and other healthcare facilities to be sensitive locations where enforcement actions should be avoided without prior approval or unless there are exigent circumstances. Despite that policy, undocumented aliens continue to be arrested at medical facilities where they are receiving treatment or where they have accompanied ailing family members. Since the sensitive locations policy is only guidance, legislation has been introduced in both the Senate and the House to codify and therefore…
In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry. Our colleagues in the Staffing & Independent Workforce team offer details on the July 13, 2018 guidance to Wage and Hour Division field staff on determining whether home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act. You can read it here.…
As our blog reported on June 21, and as is the case across many industries, issues related to physician pay equity are receiving increased attention nationwide. Doximity’s 2018 Physician Compensation Report (its second annual report) contained key national findings on the gender wage gap that point to widespread disparities in physician compensation: The overall disparity increased from 26.5% in 2016 to 27.7% in 2017. As was the case in 2016, “female physicians did not out-earn…
A recent Fifth Circuit decision reminds healthcare employers that liability not only stems from potential harassment of employees by coworkers, but by patients as well. In Gardner v. CLC of Pascagoula, L.L.C. dba Plaza Community Living Center, 2018 U.S. App. LEXIS 17939 (5th Cir. June 29, 2018), the Fifth Circuit held that Kymberli Gardner, a former assisted living facility certified nursing assistant who was allegedly harassed by a patient, can proceed with her hostile…
The federal Fifth Circuit Court of Appeals recently issued an interesting decision finding that the actions of an employer’s peer review committee did not constitute an adverse employment action under Title VII of the Civil Rights Act of 1964. This decision was driven by the specific facts presented to the court, so it does not necessarily signal a trend toward peer review actions being treated in this manner in Title VII cases. Visit our EPL…