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May 2, 2022

U.S. Supreme Court Excludes Emotional Distress Damages from Remedies Available Under Rehabilitation Act and Affordable Care Act

On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA).

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April 15, 2022

New York City Council Seeks to Disrupt the Home Care Industry by Limiting Hours Aides Can Work

On April 14, 2022, New York City lawmakers introduced a bill that, if enacted, would amend the Fair Workweek law to cover home health care services employers and would likely upend the way home health care services are provided in New York City.

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April 11, 2022

Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians

The NLRB issued a Decision and Direction of Election in which it held that physicians are not supervisors under the National Labor Relations Act simply by virtue of their position in the healthcare institution.

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April 8, 2022

Ontario, Canada: Mandatory Vaccination Policy Upheld Despite Government’s Reduction of COVID-19 Restrictions

An Ontario arbitrator recently upheld a retirement home’s mandatory vaccination policy as a reasonable workplace rule consistent with the collective agreement, the Occupational Health and Safety Act and the Retirement Homes Act, 2010.

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March 17, 2022

OSHA Announces Highly Focused Healthcare Facility Inspection Plan

OSHA recently announced it will proceed with a highly focused, short-term initiative directed at various healthcare facilities that provide care to or handle COVID-19 patients.

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March 10, 2022

Light at the End of the Tunnel: Puerto Rico Government Eliminates Most COVID-19 Restrictions

Puerto Rico Governor Pierluisi has issued Executive Order 2022-019, drastically changing previously issued COVID-19 measures and guidelines by eliminating most requirements regarding masks, capacity limits and vaccination mandates.

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February 18, 2022

New York State Healthcare Worker COVID-19 Booster Deadline Will Not Be Enforced – For Now

The NY Department of Health has issued a press release stating that the booster requirement that was to apply to all healthcare workers eligible to receive a COVID-19 booster shot will not be enforced on February 21, 2022 as originally announced.

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January 21, 2022

New Jersey Expands Vaccination Requirements for Healthcare Workers and High-Risk Settings

Governor Murphy has signed an order requiring that healthcare workers and those at high-risk congregate settings be fully vaccinated against COVID-19, including receipt of a booster shot, or have their employment terminated.

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January 18, 2022

Puerto Rico Imposes Additional COVID-19 Restrictions and Vaccine Booster Mandates on Private Sector Employers

On January 13, 2022, Puerto Rico Governor Pedro Pierluisi once again issued back-to-back executive orders implementing additional COVID-19 restrictions and extending vaccine booster requirements for employees in additional sectors.

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January 13, 2022

U.S. Supreme Court Lifts Injunctions Against CMS Vaccine Mandate

On January 13, 2022, the U.S. Supreme Court, in a 5-4 decision, lifted lower court injunctions that had blocked enforcement in 25 states of the Centers for Medicare and Medicaid Services (CMS) Interim Final Rule requiring healthcare worker vaccinations.

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