By Mike O’Brien The United States Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act in February. The legislation had previously been approved by the House of Representatives, and now awaits President Biden’s signature. Once signed, the new law will amend the Federal Arbitration Act to make pre-dispute mandatory arbitration agreements … [Read more...] about Forced arbitration of sexual assault and harassment coming to an end
Federal
EEOC updates guidance related to COVID-19 and ADA
By Mike O'Brien The EEOC recently released updated guidance on the intersection between COVID-19 and major federal employment laws. In particular, the agency explained that COVID-19 may be considered an ADA-protected disability in certain cases. While mild or asymptomatic cases of the illness do not constitute an ADA-protected disability, other more severe cases, including … [Read more...] about EEOC updates guidance related to COVID-19 and ADA
Newly proposed Medicare Part B Physician Fee Schedule contemplates Making COVID-19 telehealth changes permanent
On July 13, 2021, CMS published its proposed physician fee schedule rule for FY 2022. One of the key items is the proposal to make the temporary change allowing Medicare providers to deliver healthcare services via telehealth a permanent part of Medicare Part B. The Proposed Medicare Changes During the public health emergency (PHE), Congress added the home of the beneficiary … [Read more...] about Newly proposed Medicare Part B Physician Fee Schedule contemplates Making COVID-19 telehealth changes permanent
New federal rule to protect consumers from surprise medical bills
The Biden-Harris Administration has announced a rule to protect consumers from surprise medical bills. The U.S. Departments of Health and Human Services (HHS), Labor, and Treasury, and the Office of Personnel Management, issued “Requirements Related to Surprise Billing; Part I,” an interim final rule that will restrict excessive out of pocket costs to consumers from surprise … [Read more...] about New federal rule to protect consumers from surprise medical bills
Disability discrimination and lookism in the workplace
By Mike O’Brien EEOC sues a work placement agency on behalf of disabled workers for disability discrimination The EEOC announced this week that it has filed suit under the Americans with Disabilities Act (ADA) against a Hawaii work placement agency for disabled workers. The suit alleges that the agency refused to provide sign language interpreters for deaf employees, despite … [Read more...] about Disability discrimination and lookism in the workplace
Getting Medicare reimbursement for telehealth services: The new CONNECT for Health Act
Like most cliches, the one about the COVID-19 pandemic’s transformation of medicine forever is laden with truth. Telemedicine is Exhibit A. Of course, telemedicine goes back decades. But the pandemic accelerated the breakdown of resistance on the parts of providers, regulators and above all, patients. It was supposed to be just temporary. But to use still one more cliché, now … [Read more...] about Getting Medicare reimbursement for telehealth services: The new CONNECT for Health Act
Updated 2021 CMS QRDA III Implementation Guide final rule available
The Centers for Medicare & Medicaid Services (CMS) has released an update to the 2021 CMS Quality Reporting Document Architecture (QRDA) Category III Implementation Guide (IG) for Eligible Clinicians and Eligible Professionals to support Calendar Year (CY) 2021 reporting. The update includes the list of electronic clinical quality measures (eCQMs) finalized by CMS for the … [Read more...] about Updated 2021 CMS QRDA III Implementation Guide final rule available
Who’s an independent contractor? DOL explains
By Mike O'Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, … [Read more...] about Who’s an independent contractor? DOL explains
So, your employee wants to stay on unemployment
By Paul Edwards bio It’s been a few of months of COVID chaos and business owners across America are thinking about what it’s going to take to reopen their businesses—and the economy, in general. Of course, the first piece of that equation involves recalling your employees who have been temporarily furloughed or laid off. And, since one portion of the CARES Act included an … [Read more...] about So, your employee wants to stay on unemployment
Supreme Court ruling extends workplace protections to LGBTQ workers
By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers … [Read more...] about Supreme Court ruling extends workplace protections to LGBTQ workers