Healthcare Providers

Thursday, September 30, 2021
Live Webinar | 2:00 – 3:00 p.m. CDT

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Healthcare employers have been implementing vaccine mandates—hard mandates, soft mandates, and everything in between—for some time now. The religious exemption requests, however, are piling up. Join Husch Blackwell attorneys who have experience addressing the myriad issues involving religious exemptions, including federal law, state laws and “right of conscience” laws. Stick around for questions and answers and hear other human resources leaders in healthcare share their experiences.

Vaccine Mandates Webinar

Did you miss some of the webinar, want to review some of the material or have a colleague who missed the program? The webinar recording is now available for viewing at your convenience. Simply register using the following link and you will have access to the recorded webcast. https://event.on24.com/wcc/r/3418654/CFE58C2AEF93EDB2894F6D043A5D5422?mode=login&email=priscilla.murray@huschblackwell.com

Provider Relief Fund Update

On September 10, the Biden-Harris Administration, in conjunction with the Department of Health and Human Services (HHS), announced that $25.5 billion in relief funds will be distributed to healthcare providers through the Health Resources and Services Administration (HRSA). The American Rescue Plan (ARP) will provide $8.5 billion in funding and an additional $17 billion will be distributed as Phase 4 Provider Relief Funds (PRF).

Executive Order GA-40

As reported in a previous blog post, the Texas 87th Legislature passed S.B. 809, an Act adding Chapter 81A entitled “Coronavirus Disease Public Health Emergency Reporting” to the Texas Health and Safety Code. This Act requires “health care institutions” who received federal relief funds under the CARES Act, Consolidated Appropriations Act, 2021, or the American Rescue Plan Act of 2021 to report the amounts received to the Texas Health and Human Services Commission. As directed in the Act, HHSC has issued proposed rules regarding the reporting requirements, comments were due September 3, 2021.

The Act defines “health care institution” as an entity listed in Texas Health and Safety Code 74.001(11).

Missouri

Husch Blackwell secured a victory before the Missouri Supreme Court in closely watched litigation over the implementation of Amendment 2, a 2020 ballot initiative that Missourians passed and that would expand Medicaid coverage in the state.

The litigation stemmed from the decision of Missouri’s Department of Social Services to refuse to enroll the plaintiffs in MO HealthNet, the state’s Medicaid plan, because the Missouri General Assembly allegedly failed to appropriate funding for the program’s expansion. The trial court ruled that Amendment 2 violated article III, section 51 of the Missouri Constitution, which prohibits a ballot measure from appropriating money without creating revenue to fund the initiative.

Executive Order GA-40

This Spring, the Texas 87th Legislature passed S.B. 809, an Act adding Chapter 81A entitled “Coronavirus Disease Public Health Emergency Reporting” to the Texas Health and Safety Code. This Act requires “health care institutions” who received federal relief funds under the CARES Act, Consolidated Appropriations Act, 2021, or the American Rescue Plan Act of…

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.

Provider Relief Fund Update

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…

Colorado Flag

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…

Not So Common Employment Questions

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.