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25 Mar 2024, 8:51 am by Jeffrey Neuburger
” The X-Mode Order’s definition, for example, is broader than the definition in the InMarket Order with respect to health-related Sensitive Locations as it includes all “medical facilities” (but, within this category, it includes a long list of specific but non-exclusive types of medical facilities).[5] The InMarket Order definition of Sensitive Locations includes a lengthy – but specific – list of certain types of medical facilities. [read post]
28 Jun 2007, 10:16 am
It's an off-label use, but one that's not extensive enough (at least not yet) to be the medical standard of care. [read post]
25 Jun 2013, 1:32 pm by Guest Author
  If the harasser is a supervisor, the employer can only escape liability if it establishes that no tangible employment action was taken, the employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior, and the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. [read post]
15 Dec 2018, 7:41 am by Cynthia Marcotte Stamer
They further urge that  if they are correct, the balance of the ACA is untenable as inseverable from the Invalid Mandate. [read post]
5 Feb 2019, 10:17 pm by Coral Beach
The equipment was subsequently replaced, and corrective measures were implemented to prevent reoccurrence. [read post]
10 Feb 2007, 6:02 pm
"[1]  What this means is that a health plan may not charge employees different premiums or fees due to health status, medical history, or past claims history. [read post]
8 Jun 2020, 4:15 am by The Law Offices of John Day, P.C.
” She wrote that the 120-day extension should not be dependent on a plaintiff’s substantial compliance with the pre-suit notice content requirements, meaning that “plaintiffs whose sole error is to attach an imperfect medical authorization to the pre-suit notice can rely on the 120-day extension, [so that] dismissal of the lawsuit without prejudice gives them the opportunity to re-file their lawsuits with corrected medical authorizations. [read post]
16 Jun 2015, 2:54 pm by Cynthia Marcotte Stamer
In pursuit of this goal, while his party controlled both the House and Senate on December 21, 2009, President Obama signed into law the Airline Flight Crew Technical Corrections Act, Public Law 111-119, which amended section 101(2) of the Family and Medical Leave Act (FMLA) to establishes a special hours of service eligibility requirements for airline flight attendants and flight crew members that make it easier for these workers to qualify for FMLA Leave and expanded FMLA… [read post]
5 Jan 2018, 5:35 am by Cynthia Marcotte Stamer
Continuing Fallout of 2015 Data Breach Provides Many Lessons For Other Businesses & Their Health Plans The $2.3 million (Resolution Amount) data breach settlement and other post breach fallout now bankrupt radiation oncology and cancer care provider 21st Century Oncology, Inc. (21CO)  is experiencing after data thieves hacked into the names, social security numbers and other private health and financial data of more than 2,213,597 individuals illustrates why your… [read post]
19 Mar 2019, 4:28 pm by Cynthia Marcotte Stamer
”  Thus, while acknowledging that “[a]n employer must observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the FMLA. [read post]
6 Dec 2023, 5:26 am by John Elwood
Oklahoma, 22-7466Issues: (1) Whether the state’s suppression of the key prosecution witness’ admission that he was under the care of a psychiatrist and failure to correct that witness’ false testimony about that care and related diagnosis violate the due process of law under Brady v. [read post]
12 May 2022, 6:59 am by Robert Liles
In prior hospice audits examining beneficiary eligibility and medical necessity, the OIG has pulled random samples of claims and sent the associated medical records to an Independent Medical Review Contractor (IMRC) to determine whether the hospice services billed met Medicare’s coverage, medical necessity and coding requirements. [read post]
21 Aug 2013, 6:52 pm by Cynthia Marcotte Stamer
For this, the SBC notice discussed later in this update and other purposes, Code Section 36B(c)(2)(C)(ii) provides that an employer-sponsored Health Plan provides Minimum Value if the ratio of the share of total costs paid by the Health Plan relative to the total costs of covered services is no less than 60% of the anticipated covered medical spending for covered benefits paid by a group health plan for a standard population, computed in accordance with the plan’s cost-sharing, and… [read post]
26 May 2015, 7:42 am
  However, the testimony about purported genetic predisposition to the disease was rejected as speculative, because no genetic link to SJS/TEN has yet been discovered:Defendants are correct that [the expert] testimony on the subject would be speculative and irrelevant. [read post]