Workplace posters are conspicuously displayed notices to employees regarding their rights under state and federal law. When the law changes as to those rights, these notices must follow suit. As a result, due to recent changes to the Family and Medical Leave Act (FMLA) and new employee rights under the Pregnant Workers Fairness Act (PWFA)…
Category Archives: Health Care
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New York Enacts New Notice Requirement for Health-Care Transactions
A new law requiring health care entities to provide notice of certain health care transactions goes into effect next week. As of August 1, 2023, Article 45-A of the Public Health Law shall be binding in New York State. Entitled “Disclosure of Material Transactions,” it requires that certain health care entities provide the New York…
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HHS Reports on HIPAA Compliance and Areas That Need Improvement
By: Cristina N. Hyde, JD On February 17, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) shared two Reports to Congress for 2021 on HIPAA Privacy, Security, and Breach Notification Rule Compliance and Breaches of Unsecured Protected Health Information. The purpose of supplying this information was to assist in…
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Non-Compete and Non-Solicitation Clauses: Why Restrictive Covenants are Uniquely Prohibited from Inclusion in Psychologist Employment Agreements
By: Cristina N. Hyde, JD Entering an employment contract can be stressful; especially for health care professionals where restrictive covenants are involved. Generally, such restrictions in employment contracts are permissible. However, in New Jersey, psychologists are a unique subset of health care providers who are prohibited from having non-compete or non-solicitation clauses in their employment…
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New Guidance on Patient Privacy: HHS addresses how Dobbs affects protected health information
Campanella Law Office Statement on the United States Supreme Court Ruling in Dobbs vs. Jackson Women’s Health Organization: Campanella Law Office believes that there is a wholly valid constitutionally legal basis and deep-seated precedent for a federal constitutional right to privacy for all Americans, specifically including in healthcare and private decisions about health care that…
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SAVE Act Introduced: New Federal Legislation Addresses Dire Need to Protect Hospital Personnel From Violence
By: Cristina N. Hyde, JD On June 7, 2022, bipartisan legislation was introduced to the United States House of Representatives that addresses a rising level of hospital violence and its effect on quality care. The Safety from Violence for Healthcare Employees (SAVE) Act (H.R. 7961), addresses the need to provide our healthcare employees with a…
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United States Department of Justice continues its crusade against Healthcare Fraud: A highlight on MSO relationships
By: Cristina N. Hyde, JD Last year the United States Department of Justice (DOJ) reported recovering more than $5.6 billion in settlements and judgments related to cases involving fraud and false claims against the government. The majority of the cases involved the healthcare industry and included situations wherein actors were found to have entered into unlawful…
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Advisory Opinion No. 22-04: Office of Inspector General Opines Favorably on Contingency Management Program
By: Cristina N. Hyde, JD Earlier this year, the Office of Inspector General issued an advisory opinion that determined use of an app-based contingency management program to support addiction recovery was permissible and did not run afoul of the Federal Anti-Kickback Statute (AKS) and Beneficiary Inducement Prohibition (BIP). Contingency management is the use of positive reinforcement…
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Senate Bill No. 760: Pending New Jersey legislation would expand the existing New Jersey Health Care Profile to include all health care professionals
By Cristina N. Hyde, JD Last week, Senate Bill No. 760 was unanimously approved by the Senate Commerce Committee. If enacted, the bill would expand the scope of the New Jersey Health Care Consumer Information Act (the Act) to include all licensed health care professionals as defined by the New Jersey Health Care Professional Responsibility and…
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No Surprises Act: What Providers Should Know About the New Patient Protection Legislation
By: Cristina N. Hyde, JD On December 27, 2020, H.R. 133 (116th), better known as the Consolidated Appropriations Act, 2021, was signed into law. Included therein, was a key consumer protection law designed to shield patients from receiving unexpected, and often exorbitant, out-of-network medical bills. Effective as of January 1, 2022, the No Surprises Act…