Regions

PPACA Amends Rehabilitation Act to Mandate Standards for Medical Diagnostic Equipment to Accommodate Individuals with Disabilities

by Shawn Gilman and Frank C. Morris, Jr.

A little-noticed provision of the Patient Protection and Affordable Care Act (PPACA) will significantly impact both health care manufacturers and providers.  The provision amends the Rehabilitation Act of 1973 to require regulations by March 23, 2012, mandating that all medical diagnostic equipment and health care provider locations be able to accommodate the needs of individuals with disabilities.  This requirement would mean a redesign of both diagnostic equipment and locations for patient interactions to assure that individuals with disabilities who could not utilize currently available diagnostic equipment or provider locations will, in the future, have access to the care and services available to individuals without disabilities.  They must be able to have access to—and independently be able to enter, use, and exit—the equipment to the maximum extent possible.  This is significant because of the often high cost of diagnostic equipment and space requirements at provider locations.

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C. MICHAEL MALM, GEORGE L. CHIMENTO, AND DAVID RAPAPORT SELECTED 2010 CHAMBERS USA "LEADERS IN THEIR FIELD"

June 11, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis Malm is pleased to announce that C. Michael MalmGeorge L. Chimento, and David Rapaport have been selected as 2010 Chambers USA “Leaders in their Field” for their exceptional work in their respective areas of Real Estate, Employee Benefits and Executive Compensation, and Labor and Employment. The firm’s Employment Practice was also selected by Chambers as a “go-to” firm in the labor and employment area. Selections are featured in the just-released 2010 Chambers USA directory. Selection by Chambers and Partners is based on stringent criteria and inclusion in the directory is a highly coveted honor. Please click here to see Davis Malm’s listing in the 2010 edition of Chambers USA.

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DAVIS MALM EARNS PRESTIGIOUS 2010 CHAMBERS USA RANKINGS

June 11, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis Malm is pleased to announce that the firm has been selected for inclusion in the 2010 Chambers USA directory of recommended law firms and lawyers. The firm’s Employment Practice and three Davis Malm attorneys are included in the just-released 2010 directory. Not only is the firm listed as a “go-to” firm in the labor and employment area, but also three of the firm’s attorneys, C. Michael Malm,George L. Chimento, and David Rapaport are highlighted as “Leaders in their Field” for their exceptional work in their respective areas of Real Estate, Employee Benefits and Executive Compensation, and Labor and Employment. Selection by Chambers and Partners is based on stringent criteria and inclusion in the directory is a highly coveted honor. Please click here to see Davis Malm’s listing in the 2010 edition of Chambers USA.

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Immigration Alert: June 2010

USCIS Redesigns Green Card and Issues Revised EAD

DOS Increases Nonimmigrant Visa Application Fees

DHS Eliminates Paper I-94W Arrival/Departure Record for Visa Waiver

May 21, 2010, H-1B Cap Count

DOL Unveils Online ‘Advisor’ Tool to Help Employers Comply with H-1B Visa Program Requirements

Class Action Lawsuit Challenges New Arizona Immigration Law

Poll Finds that Voters Want Congress to Move Forward with Immigration Overhaul

DOS Issues June 2010 Visa Bulletin

I. USCIS Redesigns Green Card and Issues Revised EAD

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HEALTH REFORM: PPACA Amends Rehabilitation Act to Mandate Standards for Medical Diagnostic Equipment to Accommodate Individuals with Disabilities

The Patient Protection and Affordable Care Act (“PPACA”) contains a provision that will significantly affect all types of health care manufacturers and providers.[1] Section 4203 of PPACA amends Title V of the Rehabilitation Act of 1973 (“Rehab Act”) by adding a new section that requires the Architectural and Transportation Barriers Compliance Board (“ATBCB”), in consultation with the Food and Drug Administration (“FDA”) Commissioner, to promulgate regulatory standards for medical diagnostic equipment used in physician offices, clinics, emergency rooms, hospitals, and other medical settings to accommodate the needs of individuals with disabilities. Particularly, the standards are intended to ensure that individuals with disabilities (a) have access to and use of the equipment, and (b) will independently be able to enter, use, and exit the equipment to the maximum extent possible. The medical diagnostic equipment explicitly mentioned in this provision includes examination tables and chairs, weight scales, and radiological equipment.

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What It Takes to Be a Winner

Please CLICK HERE to read about PowerPlay NYC’s exciting, upcoming event–“What It Takes to Be a Winner”–which will be held on July 6, 2010, from 11 a.m. to 1 p.m., at The Yale Club (50 Vanderbilt Avenue in Manhattan).  The event will feature a conversation with Venus Williams, who is celebrating the publication of her new book entitled Come to Win: How Sports Can Help You Ace Your Goals and Top Your Profession, and lunch and leadership conversations with PowerPlay’s Summer Leadership Academy participants.

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Corporations Cannot Appear in Court Without an Attorney

The current economy may cause corporations to try to cut costs by having a non-attorney such as a corporate officer appear in court on their behalf.  After all, individuals can appear in court pro se (representing themselves without an attorney).  Foregoing legal representation is not a good strategy in Washington State, however, because the state’s […]

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ARB Clarifies Burden Whistleblowers Bear for Equitable Extension of SOX Statute of Limitations

On the heels of its 2-1 decision in Hyman v. KD Resources, allowing equitable estoppel to extend the Sarbanes-Oxley (SOX) statute of limitations (noted in our blog posting of April 20, 2010), the Department of Labor Administrative Review Board (ARB) has issued a unanimous decision clarifying the burden for whistleblowers to survive dismissal of complaints that are not filed within the explicit 90-day statute of limitations. Daryanani v. Royal & Sun Alliance, ARB No. 08-106, ALJ No. 2007-SOX-79 (ARB May 27, 2010).

Adhering to the principle that equitable estoppel may apply when certain employer conduct interferes with a whistleblower-employee’s exercise of rights, the ARB nevertheless refused to extend the SOX statute of limitations on the basis of alleged inaction by an employer. Holding equitable estoppel would not be available in the circumstances, the ARB observed that the employer had no affirmative obligation to:

  • inform the employee of potential causes of action,
  • inform the employee of time limitations applicable under statutes creating a cause of action, or
  • counter-sign a severance release agreement within the statute of limitations deadline.
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Executive Order 13496 Requires Federal Contractors and Subcontractors to Notify Employees of Their Rights Under the National Labor Relations Act

On May 20, 2010, the U.S. Department of Labor’s Office of Labor-Management Standards published its final rules implementing Executive Order 13496. See 29 CFR Part 471 (Notification of Employee Rights Under Federal Labor Laws)http://edocket.access.gpo.gov/2009/pdf/E9-2485.pdf. As a result, beginning on June 19, 2010, federal contractors and subcontractors that enter into new federal contracts, subcontracts, or modifications to existing contracts on or after that date will be required to post a detailed government notice (“Notice”) informing employees of their rights under the National Labor Relations Act (“NLRA” or “the Act”). These rights include not only the right to obtain union representation and to engage in collective bargaining but also, for example, the right to share wage and benefit information with co-workers and others. As the regulations make clear, Executive Order 13496 and the Notice are intended to promote collective bargaining, and along with it, union organizing activity. The regulations also provide direction on how and where the Notice is to be posted and communicated to employees, and explain how the Department of Labor (“DOL”) will enforce the posting requirements.

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Vermont Gift Ban and Disclosure Laws Amended to Require Drug and Device Manufacturers to Report Product Samples

Recently enacted Vermont Senate Bill 88 (“S.B. 88“)[1] amends Vermont’s existing gift ban law, Vt. Stat. Ann. tit. 18, § 4631a (“§ 4631a“), and disclosure law, Vt. Stat. Ann. tit. 18, § 4632 (“§ 4632“).[2] Significantly, S.B. 88 requires manufacturers of pharmaceuticals, medical devices and biological products[3] to report annually to the Vermont Office of the Attorney General certain information related to “free samples of prescribed products provided to health care providers during the preceding calendar year.”[4] “Sample” is defined as “a unit of a prescription drug, biological product, or medical device that is not intended to be sold and is intended to promote the sale of the drug, product, or device,” including starter packs and coupons or vouchers that allow an individual to receive a prescribed product for free or at a discounted price. The first report is due by April 1, 2012, for the reporting period of January 1, 2011, through December 31, 2011.

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