Academic Medical Centers

Husch Blackwell’s Education team recently conducted a webinar that tackles complex Clery Act issues that directly affect academic medical centers, hospitals and healthcare systems, and student health facilities. Listen in while Husch Blackwell attorneys, Hayley Hansen and Ellen Armentrout discuss specific Clery Act compliance topics, such as:

  • confidentiality concerns;
  • guidance offered in the new Clery

On July 1, 2021, the Office of Personnel Management (“OPM”), the Internal Revenue Service (“IRS”), the Department of Treasury (“Treasury”), the Employee Benefits Security Administration (“EBSA”), the Department of Labor (“DOL”), the Centers for Medicare & Medicaid Services (“CMS”), and the Department of Health and Human Services (“CMS”) (collectively the “Departments”) jointly issued the Interim Rule – Requirements Related to Surprise Billing; Part 1 (hereinafter, the “Interim Rule” or the “Rule”). This Interim Rule is the first implementing regulation of the federal No Surprises Act (alternatively the “Act”) which was enacted on December 27, 2020 as part of the Consolidated Appropriations Act. Both this Interim Rule, and the Act, are effective applicable for plan years beginning on or after January 1, 2022.
Continue Reading Federal Guidance on Balance Billing: The No Surprises Act and its Interim Final Rule: Part I

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

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

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 last year, the Husch Blackwell privacy attorneys have been working with various healthcare providers—from hospitals to hospices, to independent physician groups—to comply with the Information Blocking rule (the Rule) implemented by the Office of the National Coordinator for Health Information Technology (ONC) as part of the 21st Century Cures Act.  Recently, Education clients have been asking, “We’re a university – does the Information Blocking rule apply to our student health center?”  We discuss the answer to that question, along with practice tips, in this blog post.
Continue Reading Information Blocking: College & University Student Health Centers – Does the Rule Apply to Us?

As vaccine distribution becomes widespread, and employees begin to return to work, we continue to field questions related to return-to-office plans in a post pandemic world. We previously compiled a list of FAQs, addressing COVID-19 safety protocols (here, here and here) that should be considered as the workplace opens for business. Below are some additional, and recent, considerations related to this topic.
Continue Reading Opening for Business? Your Return-to-Work Policies Answered

On February 25, 2021, the Wisconsin Legislature enacted 2021 Wisconsin Act 4 (the “Act”), which, in part, grants immunity to business entities from civil liability related to COVID-19 exposure, with certain exceptions.

Specifically, the Act immunizes certain entities from civil liability for any act or omission in the course of performance or provision of the entity’s function or services, that leads to death or injury to an individual or damages caused by an act or omission resulting from or relating to exposure directly or indirectly to COVID-19 (or its variants), or conditions associated with the infectious disease.  However, civil immunity does not extend to acts or omissions that are reckless, wanton conduct, or intentional misconduct.
Continue Reading Wisconsin Business Entities Granted Civil Immunity for COVID-19 Exposure

Over the coming months, we can expect to see many significant changes to labor issues affecting healthcare and other sectors of our marketplace. The National Labor Relations Board (“NLRB”) is almost certain to reinstate the standards of what constitutes an appropriate bargaining unit as set forth in a 2011 case, Specialty Healthcare, allowing unions to

As mandated by President Biden’s January 21 Executive Order, OSHA has announced a National Emphasis Program (NEP) designed to protect workers from contracting COVID-19.  On March 12, 2021, OSHA announced its new national emphasis program that targets high-risk establishments in high-risk industries for programmed inspections and provides a heightened focus on employers that retaliate against employees who report or complain about unsafe working environments. In conjunction with the NEP, OSHA also issued an updated Interim Enforcement Plan to provide guidance on the policies and procedures it will employ to reduce and eliminate the risk of transmission of COVID-19 in the workplace. The issuance of the NEP is a strong indication that OSHA enforcement activity will increase in the short term.
Continue Reading OSHA Enforcement Activity Relating to COVD-19 Exposures Expected to Increase Under New NEP and Updated Interim Enforcement Response Plan