As concerns over the Omicron variant grow, New York City officials have taken several actions affecting employers. Below are the latest developments that employers in New York City need to know right now.Read more…Vaccination Mandate for Private Sector NYC Employers On December 6, 2021, Mayor Bill de Blasio announced a private sector vaccination mandate, which will require all employees in private businesses in New York City to have received at least one dose of the COVID-19 vaccine by December 27, 2021. According to the New York City Health Department, this requirement will not be limited to businesses in certain industries or based on company size.
As we previously reported, President Biden issued Executive Order 14042 (the Order), which mandated that employees of contractors and subcontractors performing work on federal contracts be fully vaccinated against COVID-19 by January 18, 2022. Challengers from seven states—Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia (the Plaintiff States)—and various state agencies, filed suit against President Biden and his Administration, seeking injunctive relief against enforcement of the Order. On December 7, 2021, the United States District Court for the Southern District of Georgia granted the motion and issued a nationwide preliminary injunction against the enforcement of the vaccine mandate.
The Court’s Decision
This month, we’re going to look at a visualization that uses network techniques. Visualizing a network is a matter of nodes and edges. If the network were Facebook, the nodes would be people, and the edges would be the relationships between those people. Instead of people, we are going to look at specific device functionalities as defined by the product codes. And instead of relationships, we are going to look at when device functionalities (i.e., product codes) are used together in a marketed device as evidenced by a 510(k) submission.
From our Thought Leaders in Health Law video series: Is your organization ready for the No Surprises Act (NSA)? The law goes into effect January 1, 2022, and contains a new federal ban on surprise billing as well as new disclosure requirements.
The NSA applies to certain payors, providers, facilities, and ancillary service entities that support patients who receive emergency services or other non-emergency services at certain facilities, such as hospitals, hospital outpatient departments, and ambulatory surgical centers.
On November 12, 2021, the Centers for Medicare and Medicaid Services (“CMS”) released final guidance confirming that hospitals can be co-located with other hospitals or healthcare providers. CMS’ aim for the guidance is to balance flexibility in service provision for providers with ensuring patient confidence in CMS’ quality of care oversight functions. The final guidance provides direction to state surveyors in the evaluation of a hospital’s compliance with the Medicare Conditions of Participation (“CoPs”) when it is sharing space or contracted staff through service arrangements with another co-located hospital or healthcare provider. CMS also reiterated a key tenet of co-location arrangements: that each provider must independently meet its applicable CoPs, but, overall, the final guidance is less prescriptive than the draft guidance CMS released in May 2019, and in its wake raises new questions for providers.
In this episode of the Diagnosing Health Care Podcast: We’re beginning to see how mergers and acquisitions in the hospital industry are being impacted by President Biden’s executive order promoting competition in the American economy. The Federal Trade Commission recently announced policy changes, and the Department of Justice has been asked to consider policy changes, that boards of directors and C-suite officers must take into account when weighing transactions.
Interest in, and acceptance of, telehealth services continues to grow. Federal and state legislators are under pressure to codify the flexibilities granted in response to the COVID-19 pandemic that increased access to telehealth services. Meanwhile, increased use of telehealth has put a much greater focus on the potential for fraudulent behavior and increased enforcement activity as a result. Telehealth providers should continue to monitor developments in federal and state laws, regulations, and policies to capitalize on telehealth opportunities while at the same time making investments in compliance infrastructures in order to operate in accordance with applicable laws.
Video: Vaccine Mandate Compliance for Large Employers, Unionized Employers, and Health Care Providers – Employment Law This Week
As featured in #WorkforceWednesday: This week, we look at the next steps large employers and health care providers need to take to comply with vaccine mandate rules applicable to their organizations.
As featured on the Diagnosing Health Care Podcast: As 2021 nears a close, acute care hospitals and health systems are facing a host of financial, regulatory, and legislative challenges. In this special episode of Diagnosing Health Care, Rick Pollack, President and CEO of the American Hospital Association, and Epstein Becker Green’s Ted Kennedy, Jr., discuss the ways in which the industry is working with the Biden administration and Congress to shape policy around critical issues, such as surprise billing, coverage expansion, value-based care, and telehealth.
Video: OSHA’s Vaccine ETS Is Here, Circuit Court Blocks ETS, Health Worker Vaccine Rules – Employment Law This Week
As featured in #WorkforceWednesday: This week, the Biden administration has finally released the COVID-19 vaccine mandate rules for employers with 100 or more employees, and the challenges started right away.
Employers Face December, January Vaccine ETS Deadlines
On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated Emergency Temporary Standard (ETS). The ETS covers COVID-19 vaccine, testing, and related requirements for most employers with at least 100 employees. Attorneys Bob O’Hara and Nancy Popper discuss how employers are beginning preparations to meet deadlines in early December and January, despite challenges to the standard already popping up in court. Read more.