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18 Dec 2020, 7:50 am
When an employee receives an employer-required vaccination from a third party that does not have a contract with the employer, such as a pharmacy or other healthcare provider, the ADA “job-related and consistent with business necessity” restrictions on disability-related inquiries would not apply to the pre-vaccination medical screening questions. [read post]
17 Dec 2020, 4:21 pm
Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. [read post]
17 Dec 2020, 2:44 pm
If the employee receives an employer-required vaccination from a third party that does not contract with the employer, such as a pharmacy or other healthcare provider (e.g., primary care physician), then the ADA “job related and consistent with business necessity” standard would not apply to pre-vaccination medical screening questions. [read post]
17 Dec 2020, 12:59 pm
The EEOC notes that if the vaccine is being provided by the employer to employees on a voluntary basis or if the employer is requiring the vaccine but employees are getting it at a pharmacy or other third-party not under contract by the employer, the requirement of establishing that the pre-vaccination questions are job-related and consistent with business necessity does not apply. [read post]
17 Dec 2020, 11:17 am
Berg says if an employee receives an employer-required vaccination from a third party that doesn’t have a contract with the employer—such as a pharmacy or other healthcare provider—then the ADA’s “job-related and consistent with business necessity” restrictions on disability-related inquiries would not apply to the prevaccination screening questions. [read post]
17 Dec 2020, 8:24 am
However, this does not mean an employer can automatically terminate the worker because other employee rights may apply under EEO or other laws. [read post]
15 Dec 2020, 11:05 am
In addition, the Order does not apply to religious activities (which remain subject to Places of Worship sector-specific rules) or to outdoor political gatherings. [read post]
14 Dec 2020, 8:33 am
It therefore struck down the statute under the stricter standard that applies to discrimination in expression but noted that the same result would apply even under the more lenient commercial speech standard. [read post]
13 Dec 2020, 7:09 pm
” Crucially, the Arkansas statute applies when PBMs pass along those charges not only to ERISA plans (those that employers provide) but also to plans provided by Medicaid, Medicare, the military or the open market. [read post]
10 Dec 2020, 7:54 am
Pharmaceutical Care Management Association, rejecting the claim by pharmacy benefit managers that an Arkansas law governing prescription drug reimbursemednt rates was preempted by ERISA. [read post]
26 Nov 2020, 9:05 pm
” One regulation would reduce drug prices by prohibiting manufacturers from giving rebates to pharmacies on prescription drugs as incentives to sell their drugs. [read post]
22 Nov 2020, 5:43 pm
This memo was written for an upcoming workers’ compensation trial. [read post]
20 Nov 2020, 9:36 pm
CVS Pharmacy, 135 So.3d at 1157, 1159 (Fla. 1st DCA 2014) (“It was of no consequence that compensability [of the claimant’s PTSD] was sought long after the date of the accident; the relevant inquiry is whether the E/C denied compensability within 120 days of first providing treatment for the PTSD. [read post]
18 Nov 2020, 2:00 am
The same will not apply, however, to a self-funded plan that employs a TPA. [read post]
15 Nov 2020, 3:04 pm
There, of course, has been discussion in Congress about limiting liability for everything from grocery stores and pharmacies to others that have provided essential services, and some lawmakers have discussed eventually making similar protections universal. [read post]
12 Nov 2020, 8:18 pm
[He talked about COVID and Religious Liberty, the Second Amendment, Free Speech, and "Bullying" of the Supreme Court by U.S. [read post]
26 Oct 2020, 5:59 am
Applying that rationale, the Court found that “the only thing that Mr. [read post]
20 Oct 2020, 3:42 pm
Applying normal co [read post]
9 Oct 2020, 4:15 am
The Supreme Court said: The Government argues that, at a minimum, the injunction is overly broad in scope, given that it applies nationwide and for an indefinite duration regardless of the improving conditions in any individual State. [read post]
6 Oct 2020, 8:19 am
.'” The AB-rating does not apply to “off-label uses. [read post]
