Articles and Blogs

On May 25, 2022, the Wisconsin Court of Appeals reversed the circuit court’s ruling which granted an injunction compelling a Wisconsin health system to administer Ivermectin to a patient with COVID-19. The appellate court found that the circuit court erred in granting the injunction because the Petitioner could not identify any viable legal claim... READ MORE

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent.... READ MORE

On November 30, 2021, a federal district court in Louisiana granted a nationwide injunction against the implementation of CMS’s Interim Final Rule requiring vaccines (“IFR”) for employees and providers at most health care facilities. The government promptly appealed that injunction. The Fifth Circuit has not yet ruled on the merits but on December 15... READ MORE

On November 4, the Occupational Safety and Health Administration (“OSHA”) released its highly anticipated new Emergency Temporary Standard (“ETS”) requiring companies with 100 or more employees to mandate vaccination of their employees. In addition to the OSHA ETS, CMS simultaneously released its Interim Final Rule (“IFR”) regarding COVID-19 vaccination for covered facilities that receive... READ MORE

On November 4, CMS released its Interim Final Rule (“IFR”) requiring COVID-19 vaccinations for individuals working in Medicare- and Medicaid-participating facilities, as well as individuals working in certain other settings involving face-to-face interactions with patients.  The IFR requires all clinical and non-clinical personnel working within a Medicare and Medicaid participating facility or other applicable... READ MORE

Hall Render recently published articles (see here and here) on OSHA’s Emergency Temporary Standard (“ETS”), which includes requirements that apply specifically to health care employers. Implementation of those standards will involve some or many employees in tasks related to COVID-19 safety at the beginning and end of their shifts, including screening and donning/doffing protective... READ MORE

On Thursday, June 10, Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) as part of its National Emphasis Program on COVID-19. In a surprise to some, the ETS is limited to certain types of health care workplaces. OSHA also issued separate voluntary guidance for non-health care industries. Which health care... READ MORE

As COVID-19 cases stay relatively low and the number of vaccinated individuals continues to increase, health providers are faced with a new normal for operating medical office space in a safe and sanitary manner. In order to avoid potential liability from tenants, patients and other visitors, medical office landlords should update facility management plans... READ MORE

In a press release issued on March 26, 2021 (“Press Release”), the Department of Justice (“DOJ”) announced that immediately after Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the DOJ created an elaborate network to protect the integrity of the $2.2 billion economic relief package. Working with myriad enforcement partners, the... READ MORE

Recently, the Occupational Safety and Health Administration (“OSHA”) has announced several fines and citations for violations against health care providers. Violations have included failing to provide training on the proper use of a respirator and personal protective equipment, and the failure to report injury, illness or fatality. And this may be just the beginning.... READ MORE