Physician Law Blog

http://physicianlaw.foxrothschild.com/

Recent Blog Posts

  • As Diagnostic Labs Expand COVID Testing, They Must Heed State, Federal Laws and Regulations In response to the COVID−19 pandemic, clinical laboratories have increased their diagnostic testing capabilities and expanded their business by testing COVID−19 specimens from different states and entering into arrangements to conduct COVID−19 screening for employers. Despite waivers designed to make COVID-19 testing available and accessible on a widespread basis, labs must be careful in expanding their business to ensure that they maintain compliance with federal and state laws.  Similarly, companies looking to partner with labs for specimen collection should familiarize... More
  • Free Oxygen to COVID-19 Patients Upon Discharge Is Not Without Risk Fox Rothschild LLP partner, William Maruca, was recently interviewed for an article in Cosmos regarding the regulatory risks to hospitals and DME suppliers who enter into arrangements to ensure that COVID-19 patients receive free home oxygen equipment.  Some hospitals have decided to take on the inherent risks in such an arrangement to address a lack of home oxygen equipment in the pandemic, so that COVID-19 patients can be discharged earlier and beds can be turned over for new patients. Please see... More
  • Bah, Humbug! Another Hospital Hit With a FLSA Collective Action On Missed Lunches This post is a courtesy of Fox Rothschild attorney Mark Tabakman, Esq., and was first published on Fox’s Wage & Hour – Developments and Highlights Blog.  It is particularly relevant for health care providers that automatically deduct lunch breaks from their employees’ wages: The health care industry seems to be ground zero for a particular kind of class action lawsuit.  Many of these health care institutions have policies where a thirty-minute lunch period is automatically deducted from the daily scroll of... More
  • FLSA Joint Employer Doctrine At Issue In Health Care Industry Overtime Class Action: A Warning! This post is a courtesy of Fox Rothschild attorney Mark Tabakman, Esq., and was first published on Fox’s Wage & Hour – Developments and Highlights Blog.  It is particularly relevant for health care providers that enter into staffing services arrangements with vendors: In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine.  That doctrine allows more than one employer to be liable for employee... More
  • Meeting Patient Needs with J-1 Waivered Physicians This post is authored by Catherine Wadhwani, Partner and Co-Chair of the firm’s Immigration Practice Group.  The post first appeared on Fox’s Immigration View Blog: We hear the reports daily.  COVID-19 cases are spiking nationwide.  Hospitals and health care facilities are at maximum capacity.  Even with progress toward the availability of a vaccine, it’s not clear exactly when things will return to a state of normalcy.  Health care employers in many areas of our country continue to have difficulty recruiting physicians... More
  • PA Health Care Practices and Facilities Should Modify Their COVID-19 Policies for New Travel Quarantine On July 1, 2020, the Pennsylvania Department of Health and Gov. Wolf issued a 14-day quarantine recommendation for any individual returning to PA from any of 19 states.  The Department expects to adjust the list from time to time to reflect the rise or decrease in COVID-19 cases in states around the country. Health care practices and facilities should consider modifying their patient and employee COVID-19 policies to reflect this new guidance.  Similarly, if health care practices or facilities have implemented... More
  • PA Dental Practices Permitted to Re-Open for Routine Cleanings On June 3, 2020, the Pennsylvania Department of Health (DOH) issued revised Guidance permitting dental practices to re-open for non-urgent and non-emergent care, including, but not limited to, routine cleanings.  Dentists around the State have been awaiting this green light from the DOH, as it has been difficult for practices to re-open without being able to perform routine cleanings. The Guidance is effective immediately, and requires dentists to apply their clinical judgment and a Care Framework, based on the CDC’s Guidance... More
  • OSHA Revises its Guidance for Recording Work-Related COVID-19 Cases The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) generally requires employers to report and record workplace injuries. OSHA has published revised guidance regarding its recordkeeping requirements for employers. Beginning May 26, 2020 and until further notice, OSHA is requiring most employers with more than 10 employees to record work-related employee COVID-19 illnesses. While this applies to many employers in the health care industry with more than 10 employees, certain providers, including, but not limited to, medical practices, dental... More
  • PA ASC Guidance Requires CLIA Certification for COVID-19 Testing On May 23, 2020, the PA Department of Health (DOH) revised its guidance for ambulatory surgical facilities (ASFs) to require ASFs that intend to provide COVID-19 testing to patients and staff to hold the appropriate CLIA certification and state laboratory permit to perform such testing. For specific information on what CLIA certification is required, please see the DOH’s guidance on COVID-19 lab testing here: https://www.health.pa.gov/topics/Documents/HAN/2020-PAHAN-505-05-06-UPD-Laboratory.pdf The guidance also requires each ASF that has not obtained the requisite CLIA certification and approval from... More
  • PA Medical and Dental Practices Permitted to Resume Elective Care with Limitations ***UPDATE:  The PA DOH is now permitting dental practices to re-open for non-urgent or elective care.  Please see our post summarizing the guidance here:  PA Dental Practices Permitted to Re-Open for Routine Cleanings In Guidance issued May 8, 2020 and May 9, 2020, the Pennsylvania Department of Health (DOH) has now permitted medical and dental practices across the Commonwealth to re-engage in the provision of non-urgent or elective care, with certain limitations. Medical practices may now resume non-urgent and elective care “only... More