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National Labor Relations Board Invalidates Hospital's Values and Standards of Behavior Policy

The National Labor Relations Board (the Board) recently issued yet another decision invalidating common handbook policies and work rules.  This case is the most recent in a long series of cases striking down common rules governing employee conduct.  In Hills and Dales General Hospital, 360 NLRB No. 70 (Apr. 1, 2014), the Board held that three provisions in a non-union hospital’s Values and Standards of Behavior Policy (the Policy) were invalid on their face because employees could reasonably construe the provisions to prohibit employees from engaging in protected concerted...

HHS Releases Security Risk Assessment Tool to Help Providers with HIPAA Compliance

On March 28, 2014, the U.S. Department of Health and Human Services launched a new security risk assessment (SRA) tool to help health care providers in small- to medium-sized offices conduct risk assessments of their organizations in order to comply with the Health Insurance Portability and Accountability Act (HIPAA) Security Rule.   The HIPAA Security Rule requires covered entities to safeguard the confidentiality, integrity and availability of electronic protected health information (“PHI”).  One component of the Security Rule is the requirement that covered...

Hospital Agrees to Settle Whistleblower Claims for $85 Million

A Florida hospital recently reached an agreement with the U.S. Department of Justice to pay $85 million to settle part of a whistleblower lawsuit initiated by a former employee who accused the hospital of illegal kickbacks to its cancer doctors and neurosurgeons, and Medicare fraud.  (U.S. et al. v. Halifax Hospital Medical Center et al., case no. 6:09-cv-01002, U.S. District Court for the Middle District of Florida).  This case was closely watched by healthcare entities, as potential liability reportedly exceeded $1 billion. The plaintiff, a former hospital employee, brought...

Littler Shareholder David Goldstein Explains Attempts at OFCCP Healthcare Overreach During House Subcommittee Hearing

During a hearing conducted by the House Subcommittee on Workforce Protections, Littler’s David Goldstein testified about the Office of Federal Contract Compliance Programs’ (OFCCP) persistent attempts to assert jurisdiction over many healthcare providers based on TRICARE participation. TRICARE is the Department of Defense (DoD) program that pays for the medical benefits of active duty and retired military personnel and their families. The federal contractors that administer the TRICARE program enter into contracts with hospitals and other medical providers to provide medical care...

Healthcare Unions Turning to Ballot initiatives to Achieve Labor Goals

Recently, on opposite coasts, healthcare union have been pressing voter ballot initiatives to win concessions from hospitals and other healthcare institutions that the unions have been unable to successfully negotiate.For example, in November 2013, the Service Employees International Union-United Healthcare Workers West filed two ballot initiatives in California.  The first initiative seeks to limit the total compensation (salary plus bonus, pension, etc., excluding health and disability insurance) of non-profit hospital/health systems executives to $450,000 per year.  The second...

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Format: 2014-04-23
Format: 2014-04-23