Yesterday, the U.S. Supreme Court denied a request to enjoin New York State from enforcing its regulation requiring COVID-19 vaccination for healthcare workers despite the fact that the regulation did not allow for religious accommodations. The Court did not issue
Healthcare Workplace Update
Labor and Employment Laws and Developments in Healthcare Industry
Healthcare Workplace Update, published by Jackson Lewis P.C., focuses on legal developments affecting employment and labor issues within the healthcare sector. The blog covers topics such as non-compete agreements and restrictions for healthcare professionals, workplace violence prevention and reporting requirements, physician mobility laws, cybersecurity and data privacy compliance including HIPAA enforcement, and the implications of emerging technologies like artificial intelligence in healthcare settings. It also addresses state-specific legislative changes impacting healthcare employers and workforce management, providing guidance on regulatory compliance, risk mitigation, and best practices for healthcare workplace policies.
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Iowa Supreme Court Dismisses Claim Alleging Reporting Physician Misconduct is Defamatory
Physicians often have a legal obligation to report conduct which they believe may constitute negligence, or demonstrate an individual’s inability to practice medicine competently, safely, or within the bounds of the relevant code of medical ethics. Because of the nature…
Nationwide Preliminary Injunction on Centers for Medicare & Medicaid Enforcing COVID-19 Vaccine Rule
The U.S. District Court for the Western District of Louisiana has granted a preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from enforcing its COVID-19 vaccine mandate nationwide. Louisiana et al. v. Becerra et al., No. 3:12-CV-03970 (W.D.…
Centers for Medicare & Medicaid Barred From Enforcing Mandatory COVID-19 Vaccine Rule in 10 States
Ten states filed a lawsuit challenging CMS’ Interim Final Rule (IFR) requiring COVID-19 vaccination amongst a wide range of staff working at Medicare- and Medicaid-certified providers and suppliers. The U.S. District Court for the Eastern District of Missouri granted the…
Podcast: Enforceability of Physician Non-Compete Agreements
Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. In this podcast, Jackson Lewis attorneys explore how hospital systems and medical groups can protect their…
New Jersey Mandates Vaccines Or COVID-19 Testing For Covered Healthcare Settings
Governor Murphy issued Executive Order 252, requiring employers in covered healthcare and other high risk congregate settings, including hospitals, correctional facilities and certain long-term care facilities, to establish a policy that, among other things, mandates vaccinations or weekly testing for…
California Department of Public Health Issues Mandate to Encourage Health Care Workers to Get Vaccinated
Due to a rise in transmission of the Delta variant causing a rapid increase in COVID-19 cases in California, the California Department of Public Health (CDPH) issued a new order to help prevent the spread of COVID-19 in hospitals, high-risk…
National Hospital Associations Release Statements Endorsing Mandatory COVID-19 Vaccination Policies for Healthcare Workers
The nation’s largest healthcare groups and associations have released separate statements endorsing the position that all healthcare workers should be fully vaccinated and supporting the implementation of mandatory COVID-19 vaccination policies in hospitals and health systems nationwide.
On July 21,…
COVID-19 Vaccine Benchmarking Survey for Healthcare Employers: Report from the Trenches
Employers in the healthcare setting have been grappling with issues related to COVID-19 vaccinations that raise many practical and legal questions, starting with: should we ask about vaccination status? Should we require employees to be vaccinated? If not required, should…
Ready or not, back to the workplace we might go…
Before the pandemic hit, remote work was, in most cases, a thing of the future. Concern about the productivity of remote workers caused many employers to resist these arrangements. Employees, they thought, would rather be taking care of laundry or…