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Please Click HerePosted on February 10, 2017 by Ruder Ware Alumni
The Wisconsin Department of Health Services (DHS) released a memo specifying maneuvers or techniques that may not be used at any time in community based programs and facilities. DHS deems the prohibited maneuvers or techniques to “present an inherently high risk of serious injury and even death.” Providers are directed by DHS to immediately discontinue […]
Posted on February 9, 2017 by Ruder Ware Alumni
I am often asked my opinion whether a general counsel can also serve in the role of compliance officer. At first blush, it seems the general counsel would be a perfect fit for the role because of general knowledge of regulations applicable to the organization. Clients are often surprised when I tell them it is […]
Posted on February 9, 2017 by Ruder Ware Alumni
On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the permit-required confined space entry standard. In doing so the Seventh Circuit discussed imputed knowledge to the employer, foreseeability of a supervisor’s misconduct, […]
Posted on January 27, 2017 by Ruder Ware Alumni
The HHS Office of Inspector General recently released a report indicating deficiencies in hospice election statements and physician certification of patient eligibility for hospice care. Medicare hospice care provides help to patients who are terminally ill continue life with minimal disruptions. In order to qualify for hospice benefits, a physician must certify the patient is […]
Posted on January 27, 2017 by Ruder Ware Alumni
The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer. The theory behind this legislation is to prevent employers from excluding applicants who may be interested in a position even though the salary level of […]
Posted on January 26, 2017 by Ruder Ware Alumni
We can learn some valuable lessons about compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) from settlements that are announced by the U.S. Department of Health and Human Services, Office for Civil Rights (OCR). These settlements give us guidance of issues OCR considered important as well as their interpretation of various […]
Posted on January 24, 2017 by Ruder Ware Alumni
Last week, Steven Mnuchin, President Donald Trump’s nominee to run the Treasury Department faced a nearly six-hour grilling by Senate Finance Committee Republicans and Democrats, alike. The former Goldman Sachs executive was pressed on a variety of policy and personal issues including his past connections to a California bank seen by some as an unmerciful […]
Posted on January 19, 2017 by Ruder Ware Alumni
If a lender is fully secured, can it just ignore suspicions of borrower misconduct? The danger is that a lender could lose its collateral under these circumstances and be treated as an unsecured creditor. This is exactly what happened to a lender that failed to inquire further about collateral pledged by a borrower that was […]
Posted on January 18, 2017 by Ruder Ware Alumni
Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces. Many are surprised, however, to learn OSHA is also responsible for enforcing 22 whistleblower protection statutes that don’t necessarily have anything to do with worker safety and health. These […]
Posted on January 5, 2017 by Ruder Ware Alumni
A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin. Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping employers from following the language in Section 111.06(1)(i) of the Wisconsin Statutes. This provision of the […]