Category:Uncategorized
CMS Issues New Rigid COVID-19 Requirements for Skilled Nursing Facilities
The Centers for Medicare & Medicaid Services (“CMS”) released new guidance for skilled nursing facilities (“SNFs”) as part of a larger rulemaking agenda for healthcare institutions in the throes of the current public health emergency with COVID-19. CMS has also detailed the fines for non-compliance with the new COVID-19 requirements for SNFs and other healthcare institutions such as hospitals and laboratories.
Workplaces and Regulations During a Public Health Crisis
The U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently announced alterations to its previous regulations which expanded family and medical leave provisions and paid sick leave of April’s Families First Coronavirus Response Act (“FFCRA”). These revisions serve to clarify the responsibilities of employers and the rights of workers as they relate to the paid leave of FFCRA. These revisions come after a decision from the U.S. District Court for the Southern District of New York which invalidated portions of the initial regulations. The WHD’s revisions are an example of the lack of clarity and adequate response from regulations designed to protect workers during the current pandemic.
CRISPR Technology. A Chicken-And-the-Egg Problem of Scientific Advancement and Regulatory Oversight.
It’s been nearly two years since Chinese researcher He Jiankui shocked the scientific community and the world when he claimed to have genetically modified the genome of two human babies for resistance to HIV using CRISPR technology. Jiankui operated under the guise of reducing the HIV/AIDS disease burden in Africa, a seemingly admirable pursuit. But geneticists and ethicists considered the experiment , and done in pursuit of personal gain.
DOL Proposes Rule That Could Recategorize Many Employees into Independent Contractors
The U.S. Department of Labor (“DOL”) has recently proposed a rule change that would revise its interpretation of “independent contractor” under the Fair Labor Standard Act (“FLSA”). According to DOL, which has the power to investigate worker complaints about misclassifications, this change is needed to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy. However, this proposed rule could also diminish employee rights because independent contractors have fewer protections under FLSA. This rule widens the scope of who can be considered an independent contractor. Thus, many workers classified as employees could be reclassified as independent contractors and lose protections under FLSA.
Rural Hospitals in Crisis Receive a Boost to Value-Based Care Model from New CMS CHART Model
The Centers for Medicare & Medicaid Services (“CMS”) Innovation Center (“CMMI”) recently announced a new model for health care providers in rural areas to receive payment from the federal government. The Community Health Access and Rural Transformation (“CHART”) initiative aims to improve rural health care while promoting the Trump Administration’s push to shift health care providers into a more expansive value-based payment model.
The Constitutionality of the ACA: California v. Texas
Signed by President Obama on March 23, 2010, The Affordable Care Act (“ACA”) provided a monumental change to healthcare. The ACA created access, added provisions to improve quality, and created cost containment measures. However, the ACA created a quintessential question of Federalism. As it exists today, the Supreme Court will listen to oral arguments in November on the constitutionality of the ACA, in California v. Texas. If the Court decides that the ACA is unconstitutional, millions of Americans who are insured under the Act will lose coverage. Additionally, aside from access, the ACA includes regulatory laws such as Section 1557’s nondiscriminatory provisions, and amendments to the False Claims Act & HIPAA.
Privacy Lessons Learned from Litigation: Video Surveillance of the Robert Kraft Massage Parlor-Prostitution Sting Operation
The criminal case against the NFL New England Patriots’ franchise owner, Robert Kraft, has taken an astounding turn of events as the Florida Court of Appeals handed down its ruling on Kraft’s privacy objections against law enforcement’s surveillance video evidence showing the billionaire soliciting prostitution at a local spa. Kraft filed a motion to suppress the evidence arguing that Florida law enforcement’s non-consensual and surreptitious recording of non-audio video surveillance of the premises of a private business, that is open to the public, runs afoul of Kraft’s, and others’, Fourth Amendment right to be free from unreasonable government searches. The ruling of the Appeals Court not only affirmed a similar lower court ruling by the Palm Beach County trial court, favoring Kraft, but it served up an interesting compliance lesson on the privacy protections required of law enforcement during their surreptitious video surveillance operations.
How COPPA and FERPA affect Education in the Age of Remote Learning
As thousands of schools across the country comply with state and local social distancing orders due to the global pandemic COVID-19 for this 2020-21 school year, many schools are now faced with having to educate students from their homes in either hybrid or fully remote models. Millions of students are now utilizing online educational services to aid in remote learning. Although these education technology companies (“EdTech”) are now providing crucial remote learning opportunities for students, school districts must also keep students’ privacy rights in mind. Many of these EdTech services will collect and use personal information of students who use their services. This is where the Federal Trade Commission’s Children’s Online Privacy Protection Act (“COPPA”) pertains.
What is “Vote ‘Yes’ for Fairness” and why is it all over my T.V.?
If you live in Illinois, you have likely seen in the past couple of days this vibrant blue commercial at least once or twice. The commercial encourages Illinois voters to “Vote Yes for Fairness” at the polls this November by voting their approval of an amendment to the 1970 Illinois Constitution. The proposed amendment would change the state’s current state income system from a flat tax to a graduated income tax. Illinois Governor J.B. Pritzker made the adoption of a progressive income tax a centerpiece of his policy agenda in a budget address back in February 2019, and it was geared up to be a focus of election-season debates before the COVID-19 pandemic took precedence. With the Illinois general election less than fifty days away, however, the ‘Vote Yes for Fairness’ campaign has bolstered its attempts at garnering voters’ approval of the proposed amendment.
Flint Water Crisis: Where We Go From Here
There is poison in the water. The Flint water crisis has ravaged the city of Flint, Michigan, permanently altering how many in the community see the role of government.
On August 20th, Michigan Attorney General Dana Nessel announced a $600 million settlement between several state actors and victims of the Flint water crisis. Finally, six years after exposing residents to dangerous levels of lead in the water, the residents of Flint will receive their duly needed compensation. Unfortunately, it may be too little, too late for Flint, and there is little to prevent the crisis from repeating itself elsewhere without deliberate action.