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).

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An Attorney’s Perspectives for Hospice Boards

Hospice boards today need to be well-versed in a number of areas that directly or indirectly address legal issues. In this three-part Hospice Governance Academy Spotlight Interview, Bill Musick, President of Integriti3D, talks with Meg Pekarske, a partner at Husch Blackwell and host of the podcast, “Hospice Insights: The Law and Beyond.” They discuss the most pressing issues for hospice boards, ensuring that compliance plans are effective, and how to prepare for the future.

Texas State Capitol Building

Millions of women (and men) across Texas could be impacted by a new law that took effect on September 1 – but not the one you likely have in mind. In an unexpected move from a typically very pro-business state, the Texas Legislature passed and Governor Abbott signed two bills (Senate Bill 45 and House Bill 21) that significantly expand sexual harassment protections for employees in Texas, making the state’s laws more robust than federal employment laws in some respects.

The changes to the Texas Commission on Human Rights Act apply prospectively to actions occurring on or after September 1, 2021, and expand liability to employers of any size in Texas as well as individuals and increase the time limit for filing a sexual harassment charge. The key changes affecting Texas employers (including those with no physical presence, but employing remote workers in the state) are discussed below.

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By October 1, 2021, hospices will need to update their election addendum form to address a change made by the Centers for Medicare & Medicaid Services (CMS) in the final rule. The government has provided much-needed clarification and flexibility to certain aspects regarding the addendum. When should hospices provide the addendum to patients? What should hospices do if a patient refuses a signer’s discharge prior to signing the addendum? In this episode we answer these questions and discuss other key changes related to the addendum announced in the final rule: https://bit.ly/3zx5SGJ

An Attorney’s Perspectives for Hospice Boards

Hospice boards today need to be well-versed in a number of areas that directly or indirectly address legal issues. In this three-part Hospice Governance Academy Spotlight Interview, Bill Musick, President of Integriti3D, talks with Meg Pekarske, a partner at Husch Blackwell and host of the podcast, “…

Patients' privacy and confidentiality concept.

Listen to Husch Blackwell’s Technology Transfer Attorneys Kris Kappel, Dill Myers, and Liam Reilly provide tips for “Winning” the Technology Agreement Tug of War.  This webinar reviews the most negotiated legal terms in Information Technology and Technology Agreements, including warranties, indemnification, and limitation of liabilities. This session also covers issues from both the…

Hospice Insights

After exploring the attributes of a well-functioning board, in this episode we delve into common practices and tendencies that can limit board performance. Whether it be factioning, side conversations or confidentiality leaks, there are activities that get in the way of good governance. We also talk through how to help leaders identify these roadblocks and…

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On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled individuals, including individuals with long COVID, which entails new or recurring symptoms experienced by some individuals infected with COVID-19 that can last for months after the individual is first infected, even if the initial infection was mild. Due to the “persistent and significant” health issues presented by long COVID, the Office for Civil Rights of the Department of Health and Human Services (HHS) and the Civil Rights Division of the Department of Justice (DOJ) published guidance to explain the application of federal disability laws to individuals suffering from long COVID. The federal government also published a compilation of resources, some of which apply to employers, regarding accommodations for workers suffering from long COVID.