Highlighted Posts

Posts from December 2020.

When I was in second grade, my favorite books were “choose your own adventure” books. “If you want John to go into the cave to search for the secret skull, turn to page 16. If you want John to run away like a little chicken, turn to page 128.”  I was in complete control of my character’s destiny. No author was going to tell me what to do. I had ...

T’was the Night before Christmas
And all through the House (and Senate)
All the creatures were stirring
Our hopes they won’t douse
 
They wrote and they wrote
The bill was quite long
All finally agreed
What more could go wrong?
 
Trump said: “I hate it!”
“It’s not big enough.”
And further he said:
“And it’s all filled with fluff.”
 
He ...

by Alexa Elder

Section 230 of the Communications Decency Act was passed in 1996. Considered by some as the “most important law protecting internet speech,”[i] § 230 consists of two key provisions. The first provides that internet companies shall not be treated as the “publisher or speaker” of content posted on their sites by ...

By:  Dan Burke & Laura Caty

The good news is that the COVID vaccine is being administered this week!  At the end of a very long year, this vaccine represents hope.

Although the vaccine is not yet widely available, now is the time for employers to consider whether they will require employees to be vaccinated against COVID and, if so, develop a ...

In a recent opinion, the National Labor Relations Board (“NLRB” or “Board”) held that a high-level executive’s tweet violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by interfering with and/or restraining employee rights to engage in concerted activity. The tweet, which was sent by an executive at ...

On December 4, 2020, the Kentucky Department of Public Health (KDPH) published guidance on Strategies to Mitigate Healthcare Personnel Staffing Shortages During the COVID-19 Pandemic. The guidance seeks to help Kentucky healthcare providers address staffing shortages due to high rates of COVID-positive or exposed healthcare staff ...

For almost a year, COVID-19 has wreaked havoc on the world, the economy, and fundamentally altered the traditional workplace. Offices are empty. Theatres, concert venues and airports are eerily vacant. Coffee shops, restaurants and bars are either closed, don’t allow customers to dine on-site or have limited seating. Entire industries ...

On December 1, 2020, the Centers for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices voted to approve recommendations for the initial administration of COVID-19 vaccines that could be approved in December. The CDC recommendation proposes that the first phase of vaccine administration should be for ...

On November 25, 2020, the Centers for Medicare & Medicaid Services (CMS) announced an Acute Hospital Care At Home program designed to increase hospital capacity during the COVID-19 surge.  This program expands upon CMS’ March 2020 Hospital Without Walls initiative.  This new Acute Hospital Care At Home program allows acute hospital care for ...

On December 1, 2020, the Centers for Medicare & Medicaid Services (CMS) announced in an MLN Special Edition the release of its annual Physician Fee Schedule final rule (Final Rule).  As part of the Final Rule, effective January 1, 2021, CMS is adding more than 60 services to the Medicare telehealth list that will continue to be covered beyond the end of ...

On November 25, 2020, the Centers for Medicare & Medicaid Services (CMS) announced updated staffing requirements designed to allow ambulatory surgical centers (ASCs) to provide inpatient care when needed. CMS previously announced regulatory flexibility that allowed ASCs to be temporarily certified as a hospital and provide inpatient ...

On December 2, 2020, the Centers for Medicare & Medicaid Services (CMS) finalized policy changes in the Outpatient Prospective Payment System and Ambulatory Surgical Center (ASC) final rules which will phase out inpatient-only procedures over the next three years, allowing CMS for the first time to reimburse for those procedures on an ...

On December 1, 2020, CMS modified the data collection and reporting compliance periods for ground ambulance organizations that were selected by CMS to collect data during year 1 (2020) and year 2 (2021). Under this modification, the subject ground ambulance organizations can select a new continuous 12-month data collection period that ...

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