March 2022

Healthcare Providers

On March 23, 2022, the Occupational Safety and Health Administration (OSHA) published a notice in the federal register announcing a limited re-opening of the comment period regarding OSHA’s final standard to protect healthcare and healthcare support service workers from occupational exposure to COVID-19. The comment period will end on April 22, 2022, and the virtual public hearing will be held on April 27, 2022. The Emergency Temporary Standard (ETS) for Occupational Exposure to COVID-19 for  healthcare and healthcare support service workers (OSHA Healthcare ETS) was originally published on June 21, 2021. OSHA has re-opened the comment period to allow stakeholders to address changes the agency is considering that depart from the June 2021 version of the OSHA Healthcare ETS.

Mental Health Family

We continue to see an increase in fiduciary litigation involving employer-sponsored group health plans, particularly litigation involving mental health.  A recent New York Federal District Court case, Collins et al. v. Anthem, Inc. & Anthem UM Services, Inc., Case No. 1:20-cv-001969, is one example that may have wide-ranging impact. This case caught our attention because of its potential impact on plan design and plan administration of its mental health and substance use disorder (collectively “behavioral health”) benefits.

Team of healthcare workers

Throughout the COVID pandemic, healthcare employers have navigated the challenge of balancing safety concerns with employee requests for religious exemption from the vaccine.  Since lifting the stay of the CMS rule requiring certain healthcare workers to receive a COVID-19 vaccine, the US Supreme Court (Court) has refused to enjoin state and city vaccine mandates for workers who seek religious exemptions from such mandates. On March 7, 2022, the full Court rejected, without comment, an emergency application for an injunction that was previously denied by Justice Sotomayor to prevent enforcement of the New York City Department of Education’s COVID-19 mandate against suspended workers who refused vaccination based on religion.  In the wake of continued challenges to vaccine mandates based on religion, the U.S. Equal Employment Opportunity Commission (“EEOC”), released guidance on March  1, 2022 that addresses questions related to religious objections to vaccinations in the workplace. Healthcare employers should ensure that assessment of requests for religious exemptions for vaccine mandates comports with EEOC guidance.

Hospice Insights

Welcome to an inspiring conversation on how story can help us reconnect with mission, staff and communities. As hospices face unprecedented staffing shortages and a burnt-out workforce, a key to thriving may be to re-engage with our human essence, which can be found through story. Today’s guest, Dr. Bertice Berry, PhD, explains humans are hardwired for story—it is how we connect, reflect and grow. So how do we use storytelling as a leadership tool? The Institute for Story’s upcoming conference on Advancing the Science of Story and Storytelling intends to help leaders do just that.

Labor Law Insider

In this podcast episode, join our Labor Law Insiders as they discuss the unique vulnerabilities faced by the healthcare industry at this juncture of history, including the impact on bargaining and of expanded union organizing activities. Our Insiders also explore some actions that employers can take to reduce the possible conflicts between employees and management…

Covid Vaccine Alert

For many healthcare employers, phase one and phase two COVID-19 vaccine deadlines are either here or quickly approaching. The Centers for Medicare and Medicaid (CMS), in an exercise of enforcement discretion, has begun monitoring covered CMS provider and supplier types for implementation of COVID-19 staff vaccination requirements in accordance with the COVID-19 Healthcare Staff Vaccination…