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
Health Care Law
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
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 January 31, 2017, the Supreme Court of Florida issued an opinion regarding the interplay of Amendment 7 (Art. X, § 25, Fla. Const.) and the Federal Patient Safety and Quality Improvement Act (42 U.S.C. §§ 299b-21 to 26) (“FPSQIA”). This decision is of extreme importance to the health care industry in Florida as it will significantly impact the peer review activities of hospitals and other health care providers within the state. Continue Reading Amendment 7 and the Federal Patient Safety and Quality Improvement Act – Charles v. Southern Baptist Hospital of Florida, Inc.