Tag: legal

New Perk for NAHC Members: Legal & Regulatory Resources

Polsinelli Online Solutions for Home Care LLC Announces Referral Relationship with the National Association for Home Care & Hospice Polsinelli Online Solutions for Home Care LLC (POSH), an online compliance platform that offers home-based care providers a source for industry-specific guidance and state-specific forms and documents, has entered into a referral relationship with the National…

22 States Urge Biden Admin to Repeal COVID-19 Vaccine Mandate

A group of 22 states is asking the Biden administration to withdraw the mandate requiring health care workers in any Medicare and Medicaid-funded facilities be vaccinated against COVID-19. The 39-page petition from the group, led by Austin Knudsen, the Attorney General of Montana, asks the U.S. Department of Health and Human Services (HHS) and the…

Supreme Court Rejects Challenge to COVID-19 Worker Vax Mandate

On Monday, October 3, the United States Supreme Court rejected an appeal from ten states attorneys general, declining to hear their legal challenge to the COVID-19 health care worker vaccination mandate created by the Centers for Medicare & Medicaid Services. The mandate, which included exemptions for religious purposes, applied to about 10.4 million workers at care facilities that receive…

The Role of Litigation and Courts in Shaping Healthcare Policy

The most recent episode of In the Trenches podcast, Bill Dombi, President of the National Association for Home Care & Hospice joins McDermott partner and program host Brian Stimson sits down with Michael Kimberly, co-chair of McDermott’s Supreme Court appellate practice, to the critical relationship between litigation and health care policy, including:

  • Insights from Michael’s and Bill’s careers on the APA litigation side of health law
  • How to engage with agencies to increase the likelihood of obtaining good policy outcomes without resorting to litigation
  • Similarities between the rulemaking process and trial court proceedings, and the importance of appellate strategy to both
  • Engagement with the Hill to help drive the outcome of the rulemaking process
  • The challenges of litigation and parallel rulemaking
  • Key cases to follow in 2022

You can listen to it on Apple Podcasts or anywhere you find your podcasts. Or, listen to it at the National Law Review website.

The Role of Litigation and Courts in Shaping Healthcare Policy

The most recent episode of In the Trenches podcast, Bill Dombi, President of the National Association for Home Care & Hospice joins McDermott partner and program host Brian Stimson sits down with Michael Kimberly, co-chair of McDermott’s Supreme Court appellate practice, to the critical relationship between litigation and health care policy, including: Insights from Michael’s and Bill’s careers on the…

The Role of Litigation and Courts in Shaping Healthcare Policy

The most recent episode of In the Trenches podcast, Bill Dombi, President of the National Association for Home Care & Hospice joins McDermott partner and program host Brian Stimson sits down with Michael Kimberly, co-chair of McDermott’s Supreme Court appellate practice, to the critical relationship between litigation and health care policy, including:

  • Insights from Michael’s and Bill’s careers on the APA litigation side of health law
  • How to engage with agencies to increase the likelihood of obtaining good policy outcomes without resorting to litigation
  • Similarities between the rulemaking process and trial court proceedings, and the importance of appellate strategy to both
  • Engagement with the Hill to help drive the outcome of the rulemaking process
  • The challenges of litigation and parallel rulemaking
  • Key cases to follow in 2022

You can listen to it on Apple Podcasts or anywhere you find your podcasts. Or, listen to it at the National Law Review website.

OSHA Withdraws Temporary COVID-19 Vaccine-or-Testing Rule

  • Agency leaves door open to future permanent standard on COVID vaccination-or-testing

The Occupational Safety and Health Administration (OSHA) is withdrawing its emergency temporary standard (ETS) to require all large businesses in the United States to implement a COVID-19 vaccine-or-weekly-testing policy for employees by February 9, 2022.

However, OSHA has decided to propose that the make the temporary standard in to a permanent standard.

“Notwithstanding the withdrawal of the [ETS], OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace,” the agency said.

OSHA originally published the ETS on November 5, 2021 in the Federal Register and accepted comments through January 19, 2022. However, on January 13, 2022, the United States Supreme Court struck down the ETS, while upholding the narrower Centers for Medicare & Medicaid vaccination rule for health care workers. (See January 13 NAHC Report.)

“Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard,” wrote the agency, “OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule.”

OSHA’s announcement did not indicate when it will finalize a permanent rule, but Labor Secretary Marty Walsh told Politico on Monday that the “Supreme Court opened up a couple of potential different areas which we’ll explore. They talked about assembly line, medical — there’s like three or four general areas that you could read into. We could do something there.”

Previously, OSHA has indicated a number of possibilities for a final rule, such as whether to cover employers with fewer than 100 employees, whether masking should also be required, whether the standard should be strictly vaccination, and others.

“We need clarity on this issue and NAHC strongly encourages both Congress and the Administration to quickly reach a conclusion so that affected health care businesses can focus on providing care,” said NAHC President William A. Dombi. “Infection control in patient care and staffing is an essential responsibility in all of health care. Home care is committed to protecting its patients and its staff from Covid-19.“

OSHA Withdraws Temporary COVID-19 Vaccine-or-Testing Rule

  • Agency leaves door open to future permanent standard on COVID vaccination-or-testing

The Occupational Safety and Health Administration (OSHA) is withdrawing its emergency temporary standard (ETS) to require all large businesses in the United States to implement a COVID-19 vaccine-or-weekly-testing policy for employees by February 9, 2022.

However, OSHA has decided to propose that the make the temporary standard in to a permanent standard.

“Notwithstanding the withdrawal of the [ETS], OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace,” the agency said.

OSHA originally published the ETS on November 5, 2021 in the Federal Register and accepted comments through January 19, 2022. However, on January 13, 2022, the United States Supreme Court struck down the ETS, while upholding the narrower Centers for Medicare & Medicaid vaccination rule for health care workers. (See January 13 NAHC Report.)

“Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard,” wrote the agency, “OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule.”

OSHA’s announcement did not indicate when it will finalize a permanent rule, but Labor Secretary Marty Walsh told Politico on Monday that the “Supreme Court opened up a couple of potential different areas which we’ll explore. They talked about assembly line, medical — there’s like three or four general areas that you could read into. We could do something there.”

Previously, OSHA has indicated a number of possibilities for a final rule, such as whether to cover employers with fewer than 100 employees, whether masking should also be required, whether the standard should be strictly vaccination, and others.

“We need clarity on this issue and NAHC strongly encourages both Congress and the Administration to quickly reach a conclusion so that affected health care businesses can focus on providing care,” said NAHC President William A. Dombi. “Infection control in patient care and staffing is an essential responsibility in all of health care. Home care is committed to protecting its patients and its staff from Covid-19.“

OSHA Withdraws Temporary COVID-19 Vaccine-or-Testing Rule

Agency leaves door open to future permanent standard on COVID vaccination-or-testing The Occupational Safety and Health Administration (OSHA) is withdrawing its emergency temporary standard (ETS) to require all large businesses in the United States to implement a COVID-19 vaccine-or-weekly-testing policy for employees by February 9, 2022. However, OSHA has decided to propose that the make…

Did You Miss? Emerging Legal Trends in Home Care & Hospice: Marketing; Compliance, Fraud and Abuse, & Pitfalls

Good and effective marketing strategies can increase patient census, and can help with patient and staff satisfaction, however, improper marketing activities can lead to significant financial penalties, exclusion from participation in federal and state programs, and even jail.   This session will

  • address the incorrect methods of marketing,
  • identify the potential pitfalls and penalties associated with improper marketing activities,
  • provide strategies and solutions to market your home health and hospice in a compliant manner.

Information on the Series

NAHC is bringing together the top experts in the industry to examine the most important legal topics in home care and hospice.

Home care and hospice is a highly regulated industry, as such, it forces providers to maintain a strong working knowledge of a bewildering array of legal issues just to stay in business — fortunately, NAHC has a solution. This 10-part webinar series offers an in-depth and practical analysis of the key legal topics every home care and hospice executive should understand.

Every part of your organization is impacted by legal and regulatory trends, that’s why we provide insight and guidance for every part of your organization from clinical to finance to legal. These webinars will help your entire organization stay ahead of the curve.

Faculty: Rachel Hold-Weiss, RPA-C, JD, Partner, Arent Fox LLP

Register for Individual Webinar
$29/member | $50/non-member 
Register for the Series
$199/member | $350/non-member

Webinars in the Series

May 6: Patient Acceptance and Discharge
May 19: Government Audits and Investigations
Jun 9: HIPAA 101: Back to Basics
Jul 14: Fraud and Abuse: Stark and Anti-kickback Law
Aug 11: Employment Law Issues
Sep 22: Wage & Hour Law
Nov 30: ACA Employer Mandate and Employee Retention Credits
Dec 1: Legal Considerations in Mergers and Acquisitions
Dec 13: Payment Audits and Appeals

Jan 18: Home Health and Hospice Marketing: Compliance, Fraud and Abuse, & Pitfalls