When employees request a leave of absence due to medical issues, the Family and Medical Leave Act (FMLA) requires covered employers, those with 50 or more employees, to provide employees twelve weeks of unpaid leave for qualifying medical reasons. However, what if an employee needs more than twelve weeks of leave? Or, what if an employee has already used all of the employee’s FMLA leave for the year but needs more time off? Is the employer required to grant long periods of medical leave to employees in these circumstances? That question was recently addressed by two federal courts of appeal.Continue Reading Employee Medical Leave Requests: Balancing the FMLA and ADA
Author Archives: cbrinker
Amendment 7 to the Florida Constitution provides patients “a right to have access to any records made or received in the course of business by a health care facility or provider relating any adverse medical incident.” Under Amendment 7, an adverse medical incident includes “any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient . . . .” Continue Reading 2017 In Review: Amendment 7 and the End of Peer Review Protection
Most health care providers are familiar with the concept of a “credit balance”. A credit balance can occur when a health care provider is overpaid for a service that was provided. Sometimes the credit balance can occur when a patient or the patient’s third-party insurer pays too much for the service provided. Other times a credit balance may occur when there is more than one insurer and both insurers pay for the same service. For a variety of innocent reasons credit balances are not uncommon in a health care practice.Continue Reading Credit Balances – It’s Not Yours to Keep
It has long been established that non-compete agreements are enforceable only when justified by a “legitimate business interest.” A recent decision of the Florida Supreme Court held that home health care referral sources can be a protected legitimate business interest for purposes of this requirement of Florida law.Continue Reading Home Health Care Referral Sources Can be Legitimate Business Interests Under Florida’s Non-Compete Statute
In August, 2017, the Centers for Medicare & Medicaid Services (“CMS”) announced a major change in how it will approach the selection of Medicare claims for improper payment review.Continue Reading Centers for Medicare and Medicaid Services Announces Transition to Targeted Probe and Educate Strategy
Messer Caparello, P.A. is pleased to announce that attorney Cameron Carstens will be participating in the Advanced International Advocacy Course at Keble College, Oxford, England on August 28, 2017 through September 2, 2017. The course is run by England’s South Eastern Circuit Bar.
Mr. Carstens is one of four lawyers from the state of Florida to receive a Bennett Scholarship from the Trial Lawyers Section of the Florida Bar to participate in the course, which is internationally recognized as one of the most intensive advocacy courses in the world. The course helps participants refine their trial and appellate advocacy skills by performing simulated exercises involving all aspects of trial. Participants are critiqued on their performances by highly-experienced English lawyers and judges after each exercise. The course will conclude with each lawyer participating in a trial of an assigned case before an English High Court Judge.
Mr. Carstens focuses his practice at the firm on defending claims brought under federal and state employment statutes, constitutional claims, as well as litigating claims involving breach of contract, restrictive covenants and other business disputes. Mr. Carstens also advises public K-12 educational institutions on a wide range of matters unique to the educational setting.
On Monday, June 26, 2017, the U.S. Supreme Court issued a decision on the two infamous “Travel Ban” cases, each of which involve challenges to President Trump’s Executive Order No. 13780, Protecting the Nation From Foreign Terrorists Entry into the United States.Continue Reading IMMIGRATION NEWS FLASH: U.S. Supreme Court Lifts Injunction on President Trump’s Travel Ban 2.0, Executive Order 13780
On May 8, 2017, the Eleventh Circuit Court of Appeals issued its opinion in the case of Silva v. Baptist Health South Florida, Inc. This decision is of importance to the health care industry as it establishes the standard under Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189 (“ADA”) and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“Rehab Act”) for the sufficiency of communication with hearing impaired persons in conjunction with the provision of medical services.Continue Reading Effective Communication With Hearing Impaired Persons in Conjunction With the Provision of Medical Services – Silva v. Baptist Health South Florida, Inc.
On March 22, 2017, the Supreme Court of the United States issued a much-anticipated opinion regarding the appropriate standard to be used to determine whether a free appropriate public education (“FAPE”) has been provided under the Individuals with Disabilities Education Act (20 U.S.C. §1400, et. seq.). This decision is of extreme importance to both school districts and the parents of children with disabilities, as it will significantly impact the provision of special education and related services to children with disabilities.Continue Reading The Individuals with Disabilities Education Act – Endrew F. v. Douglas County School District
The Third Circuit Court of Appeals recently decided a case brought against a private hospital by a female participant in the hospital’s medical residency program that may have important implications for residency programs. The plaintiff alleged that the hospital was liable under Title IX of the Education Amendments Act of 1972 for creating a hostile work environment, retaliation, and quid pro quo harassment, along with several state-law claims. The plaintiff claimed that the director of her radiology residency program sexually harassed her over the course of several months. After she complained about the director’s behavior, she was dismissed from the residency program.Continue Reading Court Determines Title IX Applies to Residency Program at a Private Hospital