On June 11, 2021, the U.S. Department of Health and Human Services issued new guidance on Provider Relief Fund (PRF) reporting and the deadline for providers to use their funds. Provider recipients can now begin submitting information in the PRF Reporting Portal on July 1, 2021. Summary of use and reporting timeline can be found here: https://bit.ly/3iRKB4Q

In today’s episode of our Hospice Privacy Series, Husch Blackwell’s Meg Pekarske is joined by colleagues Wakaba Tessier and Erin Burns, who share insights on the ins and outs of HIPAA breaches. They break down what a HIPAA breach really is, the types of breaches most often experienced by hospices and what to do when you think you have discovered a breach. Continue Reading Privacy Series: HIPAA Breaches – When It Is, and When It Is Not a Breach

On June 9, 2021, the Occupational Safety and Health Administration (OSHA) released its long anticipated interim final rule and request for comments for the Occupational Exposure to COVID-19; Emergency Temporary Standard (ETS). OSHA released the ETS one day after the approval of the standard was received from the Office of Information and Regulatory Affairs, Office of Management and Budget. The ETS is limited to covered healthcare employers and excludes from coverage of the standard certain healthcare workplaces that have a fully vaccinated workforce and that exclude individuals with possible COVID-19 infections. The rule becomes effective on the date of publication in the Federal Register with deadlines for compliance that vary by section of the ETS. Written comments regarding whether the ETS should become a final rule must be submitted within 30 days of the publication date in the Federal Register. A brief overview of the ETS’s requirements are provided here: https://bit.ly/3xlBGwN

In today’s episode of Hospice Insights, Husch Blackwell’s Meg Pekarske shares her recent wide-ranging conversation with Dr. Kathleen Benton of Hospice Savannah, where they explore how good business planning starts and ends with good questions and strong ethics. Continue Reading Hospice Innovators: A Conversation with Dr. Kathleen Benton, CEO of Hospice Savannah

Last week, in the case of Rocky Mountain Association of Recruiters v. Moss, Case No. 1:20-cv-03819 (U.S.D.C. Colo.), U.S. District Judge William J. Martinez denied a plaintiff’s request for a preliminary injunction to block portions of Colorado’s Equal Pay for Equal Work Act (EPEWA). The EPEWA, which went into effect beginning this year, aims to close the gender wage gap in Colorado by prohibiting employers from paying an employee of one sex less than the other sex for substantially similar work (Part 1) and by requiring employers to follow strict job posting and pay transparency rules (Part 2). To learn more about the Plaintiff’s constitutional challenge and what this means to you, please read our recent legal alert: https://bit.ly/3ghbQmr.

jCyte, Inc., a biotech company dedicated to improving the lives of patients with retinal degenerative diseases, today announced the further expansion of the company’s executive management team with the appointment of John Sholar as general counsel. The full piece can be found here: https://bit.ly/3uj3qzX

A heartfelt congratulations to John from the Husch Blackwell Healthcare, Life Sciences and Education team!

1.  I have a unionized workforce. Do I need to bargain before mandating that my employees are Covid vaccinated before reporting to work?

With the CDC largely ending mask requirements for those who are Covid vaccinated, many employers will look anew at whether they will require vaccinations for their employees to participate in the workplace. While this whole topic raises a myriad of questions related to vaccine certificates, maintenance of medical records, and exceptions that might apply to employees because of religious or health accommodations, an entirely separate question comes up as to whether employers may mandate their union workforce to be vaccinated in order to work. Continue Reading Funny You Should Ask: Is a vaccine mandate a subject of bargaining?

Since mid-2020, many pharmaceutical manufacturers have introduced policies that scope their offering of 340B pricing, including limiting contract pharmacy arrangements and requiring covered entities to submit claims data. These policies have generated a good deal of attention generally, and a significant number of covered entities have made attendant complaints to the Health Resources and Services Administration (HRSA). Continue Reading 340B Update: HRSA Notifies Six Manufacturers that They are in Violation of the 340B Statute

More than half of the nations’ physicians now work as salaried employees. The remainder of physicians, who are primarily in large independent groups, are contemplating their next move.

In a recent webinar presented by Weaver, “Before Buying or Selling Your Physician Practice, Listen to This,” we provide insightful commentary about what is happening in the marketplace, along with transaction considerations. Continue Reading Considerations Selling Physician Practices

As more businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address three questions many of our clients have asked during the past few weeks. The answers below focus on compliance with federal law. As always, employers will need to take state and local laws into consideration in addition to federal law. Continue Reading Funny You Should Ask: Employer Considerations for Rehiring Employees