Written by: Marianna Michael
On July 27, 2020, the Supreme Court of Kentucky entered two new orders to provide continuing guidance on the functions of courts during COVID-19.
The first order, Administrative Order 2020-55, replaces Administrative Orders 2020-42 and 2020-47 in their entirety. The Order makes the following provisions:
Written by: Marianna Michael
On July 27, 2020, the Supreme Court of Kentucky entered two new orders to provide continuing guidance on the functions of courts during COVID-19.
The first order, Administrative Order 2020-55, replaces Administrative Orders 2020-42 and 2020-47 in their entirety. The Order makes the following provisions:
Written by: Marianna Michael
In three recent letters, the Department of Labor (“DOL”) offered guidance on the outside sales exemption and the retail or service establishment exemption.
An employer qualifies for the outside sales exemption if its employee’s: (i) primary duty is to make sales (as defined in the Fair Labor Standards Act ...
(NOTE: This article includes updates as of Tuesday, August 4, 2020.)
by Kathie McDonald-McClure, Partner
On January 27, 2020, the White House administration declared a public health emergency (PHE) due to the novel coronavirus (COVID-19). On March 6, 2020, Governor Beshear declared a state of emergency, making it only the fifth U.S. state to ...
The new guidance provides plain-language FAQs addressing critical issues under all three laws. Specifically, the FAQs address questions about telework, telemedicine, and the new paid sick leave and expanded family and medical leave law. The guidance reiterates common knowledge like “employees must be compensated for all hours worked” ...
Governor DeWine has signed into law some important changes to the Ohio workers’ compensation system. The changes, codified in H.B. 81, will go into effect on September 14, 2020. Here are the highlights:
- Statute of Limitations – An application for an additional award for a violation of a specific safety requirement (VSSR) must now be filed ...
On Friday, July 17, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-36 announcing that the state would stay in Stage 4.5 of the “Back-On-Track Indiana” reopening plan. Stage 5 had been scheduled to begin on July 4, 2020 but was replaced by Stage 4.5, which began on July 3, 2020, due to modest evidence of a resurgence of COVID-19 ...
On Wednesday, July 15, 2020, Attorney General Daniel Cameron filed a motion in the Boone County Kentucky Circuit Court seeking to invalidate all executive orders issued to date by Governor Andy Beshear directed at containing the spread of COVID-19, a highly contagious disease that prompted the declaration of a national public health emergency ...
Written by: Mitzi D. Wyrick
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published streamlined forms for employers and employees to use in requesting leave under the Family and Medical Leave Act (FMLA). The DOL has attempted to make the new forms easier for employers and employees to understand and use. For example, more ...
On July 6, 2020, CMS updated MLN Matters Article SE20016 to clarify how Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs) can apply the Cost Sharing (CS) modifier to preventive services furnished via telehealth. The update includes:
- Additional claim examples
- New section on the RHC Productivity Standard
On July 8, 2020, the Centers for Medicare & Medicaid Services (CMS) revised its MLN Matters Article SE20011 on “Medicare Fee-for-Service (FFS) Response to the Public Health Emergency on the Coronavirus (COVID-19)”. One revision addresses services provided by the hospital in the patient’s home as a provider-based outpatient ...
The Centers for Medicare & Medicaid Services (CMS) requires that all eligible hospitals use the 2015 Edition certified electronic health record technology (CEHRT) to meet the requirements of the Promoting Interoperability Programs. CMS mandates downward payment adjustments be applied to eligible hospitals that are not meaningful users ...
There is good news and bad news when it comes to Ohio’s unemployment situation. Let’s get the bad news out of the way first: Ohio’s unemployment rate is still very high. The good news, however, is that Ohio is extending its unemployment benefits for up to 20 weeks in light of this COVID-induced unemployment.
The extended benefit will apply to ...
Today, in Our Lady of Guadalupe School v. Morrissey-Berru, the U.S. Supreme Court barred employment discrimination suits by two Catholic grade school teachers, holding that, “Courts are bound to stay out of employment disputes involving those holding certain important positions with churches and other religious institutions.”
The ...
As we reported in Wyatt’s weekly COVID-19 Newsletter on July 2, 2020, the U.S. Department of Health & Human Services (HHS), announced on June 29, 2020 an agreement to secure more than 500,000 treatment courses of the drug remdesivir for the United States from Gilead Sciences through September. As Gilead’s donated supply of remdesivir has ...
CMS updated the COVID-19 Frequently Asked Questions (FAQs) on Medicare Fee-for-Service (FFS) Billing by adding or updating the following numerous FAQs for the following areas of billing:
- Laboratory Diagnostic Services, FAQs 9-13.
- Hospital Outpatient – Locations Off Campus, FAQs 2-17
- Hospital Outpatient Therapeutic Services Furnished ...
While the Public Health Emergency (PHE) due to COVID-19 is set to expire on July 25, 2020, on June 29th, an HHS spokesperson confirmed that HHS intends to renew it. Amidst growing concerns that it may expire, the American Hospital Association sent a letter to the Secretary of HHS urging renewal. In response, Michael R. Caputo, HHS Assistant ...
The Wage and Hour Division of the Department of Labor (“DOL”) recently gave us the gift we never knew we needed all wrapped in a nice bow. What do I mean? On top of all of the other guidance that has been released by the DOL and the EEOC the past few weeks, the DOL decided to issue five new opinion letters on FLSA issues. Two of the letters concern the ...