COVID-19

Current News

COVID-19 Resources

COVID-19—S.D. Ohio: Sanctions imposed against attorneys in litigation over hospitals’ COVID-19 vaccination policy

The law firm representing the hospitals’ employees abused “the judicial system through their strategic dismissal and refiling of claims to thwart potentially unfavorable rulings by engaging in confessed judge shopping.” A federal trial court imposed ...

COVID-19—S.D. Ohio: Sanctions imposed against attorneys in litigation over hospitals’ COVID-19 vaccination policy
Law Firms Mentioned:Abraham Law & Consulting | Akerman LLP | Dinsmore and Shohl [#1, #2] | Foley & Lardner LLP | Hall, Render, Killian, Heath & Lyman, P.C. | Hyman, Phelps & McNamara, P.C. | Jackson Lewis P.C. | Laner, Mutchin, Dombrow, Becker, Levin and Tominberg | Law Offices of Glenn D. Feagan, P.S.C | Law Offices of Glenn D. Feagan, P.S.C. | McFadden Davis | Reed Smith LLP | Stanford IO Law Group | Summers Compton | Taft Stettinius & Hollister LLP [#1, #2] | Voytas Law
Organizations Mentioned:Akerman, LLP | Centers for Medicare & Medicaid Services | Christ Hospital Physicians, LLC [#1, #2] | Cincinnati Children's Hopital Medical Center | Cincinnati Children's Hospital Medical Center | Dinsmore & Shohl, LLP [#1, #2] | Federal Emergency Management Agency | Foley & Lardner, LLP | Graydon Head & Ritchey, LLP [#1, #2] | Hall Render Killian Heath & Lyman | Hyman Phelps & McNamara, PC | Jackson Lewis, PC | Life Care Centers of America | Olive & Oak, LLC | Pine Enterprises LLC | Reed Smith, LLP | SDH Services West LLC | Sodexo, Inc. | Swedish Covenant Hospital | Taft Stettinius & Hollister, LLP [#1, #2] | TriHealth, Inc. [#1, #2] | Wireless Telecommunications Bureau
BLOG TRACKER—Noteworthy blog posts and other commentary
September 23, 2022
WK Editorial Staff

The week’s most insightful, intriguing, or entertaining blog posts from the health law community. CMS.gov Blog: Centers for Medicare & Medicaid Services Staffing Study to Inform Minimum Staffing Requirements for Nursing Homes , by Pauline Karikari-Ma...

Bureau Waives Rules, Deadlines for Entities in Puerto Rico
September 23, 2022

On its own motion, the FCC’s Wireline Competition Bureau today waived certain E-rate, Emergency Connectivity Fund, Rural Health Care, COVID-19 Telehealth, Lifeline, and Affordable Connectivity Program rules and deadlines for participants and service ...

COVID-19—OIG REPORTS: Life Care Centers of America nursing homes did not always comply with IPC requirements
September 23, 2022
Jeffrey H. Brochin, J.D.

An OIG audit found that 24 Life Care Centers of America nursing homes in 11 States did not always comply with all infection prevention and control requirements and emergency preparedness, including as to training, and designation of an infection prev...

DISCHARGE—N.D. Ga.: Payroll specialist, fired after taking COVID-19 leave, fails to advance claim
September 23, 2022
Todd Harrison, J.D.

Despite the temporal proximity between the employee’s leave and her termination, the employer had raised performance concerns and may have made the decision to terminate her prior to her leave. A federal district court in Georgia granted an employer’...

HOUSE NEWS—Committee approves bill to prioritize federal worker safety during public health emergencies
September 23, 2022
Pamela Wolf, J.D.

The legislation is named after a federal employee who died after contracting COVID-19 while working as part of the kitchen staff at a Quantico daycare center. On September 20, the House Committee on Oversight and Reform approved the “Chai Suthammanon...

REMEDIES, DAMAGES—S.D. Ohio: Sanctions imposed against attorneys in litigation over hospitals’ COVID-19 vaccination policy
September 23, 2022
Elizabeth C. Pope, J.D.

The law firm representing the hospitals’ employees abused “the judicial system through their strategic dismissal and refiling of claims to thwart potentially unfavorable rulings by engaging in confessed judge shopping.” A federal trial court imposed ...

RETALIATION—N.D. Ill.: Patient transporter fired for violating COVID-19 policy, not for filing a workers’ comp claim
September 23, 2022
Kathleen Kapusta, J.D.

The employee argued that when he came to the hospital where he worked while positive for COVID-19, he came as a visitor, not an employee. A Sodexo patient transporter was fired, not because he filed a workers’ comp claim just four days earlier, but b...

WAGE-HOUR—MINIMUM WAGE—E.D. Mo.: Restaurant prevails against servers who alleged unlawful tip pool arrangement during pandemic
September 23, 2022
Jason Albright, J.D.

The servers argued that the “full house” tip pool was created to shed overhead rather than help them when indoor dining was unavailable. Finding that the evidence showed that expediters and hosts were customarily tipped employees who were properly in...

COVID-19 Resources

FEDERAL OPEN MARKET COMMITTEE—FOMC increases ‘federal funds’ rate by 3/4 of a percentage point

While inflation remains elevated and the unemployment rate remains low, economic indicators “point to modest growth in spending and production.” Based on economic information it has received since it last met in late July, financial developments in c...

FEDERAL OPEN MARKET COMMITTEE—FOMC increases ‘federal funds’ rate by 3/4 of a percentage point
Law Firms Mentioned:Herold Law [#1, #2] | Hogan Lovells | King & Spalding [#1, #2] | Legaltech Hub | Microsoft | Strategic Financial Solutions | Tromans Consulting
Organizations Mentioned:Artificial Lawyer | Care One LLC [#1, #2] | Care One, LLC [#1, #2] | City of Bexley, Ohio | Cleary Gottlieb | Fraternal Order of Police, Capital City Lodge No. 9 | Hogan Lovells, LLP | King & Spalding, LLP [#1, #2] | Legaltech Hub | Microsoft | Strategic Financial Solutions | Tromans Consulting
HEALTH CARE EMPLOYMENT ISSUES—D.N.J.: Doctors can’t pursue Title VII, ADA claims against nursing home operator over COVID-vaccine mandate
September 21, 2022
Kathleen Kapusta, J.D.

The doctors claimed the company’s denial of their religious and medical exemption to its vaccination policy cost them their livelihoods. Dismissing the federal employment discrimination claims of two doctors whose medical practices were centered arou...

COVID-19—OTHER AGENCY DOCUMENTS: Impact of flexibilities in prescribing controlled substances during COVID-19 pandemic
September 21, 2022
Susan L. Smith, JD, MA

The HHS Office of the Assistant Secretary for Planning and Evaluation provides an analysis of federal and state flexibilities implemented during the COVID-19 pandemic to improve access to controlled substances and medications for opioid use disorder....

DISCRIMINATION—D.N.J.: Doctors can’t pursue Title VII, ADA claims against nursing home operator over COVID-vaccine mandate
September 21, 2022
Kathleen Kapusta, J.D.

The doctors claimed the company’s denial of their religious and medical exemption to its vaccination policy cost them their livelihoods. Dismissing the federal employment discrimination claims of two doctors whose medical practices were centered arou...

LABOR—ARBITRATION—City required to treat officers’ COVID-19 illness as workplace injury
September 21, 2022
WK Editorial Staff

While the municipal employer argued that two officers who claimed they contracted COVID-19 at work did not follow its mask policy, the arbitrator noted evidence the employer did not enforce its policy. Sustaining a grievance filed by two police offic...

STRATEGIC PERSPECTIVES—Future Ready Lawyer webinar focuses on emerging trends, technology, and myriad of challenges facing legal industry
September 21, 2022
Brad Rosen, J.D.

A panel featuring some of today’s leading legal practice thought leaders explored the findings of the 2022 Wolters Kluwer’s Future Ready Lawyer Survey. Heightened client expectations, optimizing technology, talent challenges and productivity demands ...

Law Firms Mentioned:Pierce Davis & Perritano LLP
Organizations Mentioned:American Business Immigrant Coalition | Center for Responsible Lending | National ACE | Pierce Davis & Perritano | Town of Carlisle | U.S. Black Chamber of Commerce | U.S. Hispanic Chamber of Commerce
AGENCY NEWS—Lawmakers, groups find fault with SBA not fully forgiving PPP loans over errors
September 20, 2022
Jeff Williams

The Good Faith Error Rule sparks concerns small businesses are being put at risk by not forgiving full PPP loan amounts because of good-faith errors. Saying thousands of small businesses face the prospect of unexpected payments, numerous groups and l...

AUDITS AND MONITORING—GAO REPORTS: Infection Prevention and Control Deficiencies Persisted in Nursing Homes during the COVID-19 Pandemic
September 20, 2022
Jeffrey H. Brochin, J.D.

CMS data reported by nursing homes showed that seven of the eight key indicators of nursing home resident mental and physical health worsened the first year of the pandemic compared to prior years. The U.S. Government Accountability Office (GAO) has ...

COMMUNITY DEVELOPMENT—Gruenberg: Community banks ‘well suited’ to meet community needs
September 20, 2022
Charles A. Menke, J.D.

Gruenberg said FDIC research indicates that community banks play an outsized role in providing financial services particularly through their role as relationship lenders. “Community banks are especially well suited to meet the needs of their communit...

COVID-19—D. Mass.: Pleading deficiencies plague wide ranging pro se challenges to municipal COVID-19 mask mandates
September 20, 2022
Justin Marcus Smith, J.D.

Townspeople who objected to two municipal mask mandates barely avoided dismissal for lack of standing and then went on to suffer similar problems with how the mandates could have violated their constitutional rights under broad public health powers. ...

STRATEGIC PERSPECTIVES—Upcoming Supreme Court term will clarify limits for FCA whistleblowers, nursing home residents
September 20, 2022
Cathleen Calhoun, J.D.

The U.S. Supreme Court begins its next term on Monday, October 3, 2022, in-person, and two health law cases are currently before it. On November 8, a case on how a nursing home resident at a publicly owned nursing home can sue for violations of the F...

Service Delivery Deadline Extended for E-Rate Nonrecurring E-Rate Services
September 20, 2022

In light of challenges facing E-rate recipients due to labor and equipment supply chain issues exacerbated during the COVID-19 pandemic, the FCC’s Wireline Competition Bureau has extended from Sept. 30, 2022, to Sept. 30, 2023, the deadline for compl...

COVID-19 Resources

WAGE-HOUR—N.D. Ill.: Manager fired after complaining about employees’ unpaid overtime may proceed to trial

His complaints concerned a franchisee’s alleged knowing and willful, if temporary, refusal to pay employees for overtime hours worked at the start of the COVID-19 pandemic. A former regional director of facilities for a franchisee of restaurants and ...

WAGE-HOUR—N.D. Ill.: Manager fired after complaining about employees’ unpaid overtime may proceed to trial
Law Firms Mentioned:Greenberg Traurig | Morgan & Morgan | Tressler LLP
Organizations Mentioned:Envision Physician Services, LLC | Greenberg Traurig, LLP | Hamra Enterprises | Hamra Management Co., LLC | Pedersen & Weinstein | Sheridan Healthcare, Inc. | TIVA HealthCare, Inc. | Tressler, LLP
COVID-19—S.D. Fla.: Nurse anesthetists get trial on breach of contract claims following cancellation of work assignments
September 19, 2022
Ronald Miller, J.D.

Although the provider agreement and the confirmation letter required that the employer notify the employee at least 30 days before any no-cause termination, the assignments were allegedly cancelled without notice at the beginning of the COVID-19 pand...

Law Firms Mentioned:Ackermann & Tilajef | Gregory Moore Brooks & Clark | Jackson Lewis
Organizations Mentioned:Ackermann & Tilajef, PC | Jackson Lewis, PC | Post Foods, LLC
WAGE-HOUR—OVERTIME—W.D. Mich.: Post Foods does not owe workers overtime for donning, doffing, COVID-19 screening
September 16, 2022
Jason Albright, J.D.

Post argued that the unionized workers’ time spent washing their hands and sanitizing equipment is excluded from working time based on “custom or practice.” Post Foods, LLC, is entitled to summary judgment in a putative class action alleging that it ...