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OSHA’S New ETS: Are Public Hospitals Covered?
/in OSHABy Robert Ayers
OSHA’s new healthcare emergency temporary standard (ETS) does not specifically exclude state and local healthcare systems, such as county hospitals. However, pursuant to Section 3(5) of the OSH Act, “any State or political subdivision of a State” is not an “employer” for purposes of the Act, and is therefore excluded from its coverage, including standards promulgated thereunder. 29 U.S.C. § 652(5); StarTran, Inc. v. OSHRC, 608 F.3d 312, 313-314 (5th Cir. 2010). Read more
Unpacking OSHA’s Historic Emergency Temporary Standard and Updated COVID-19 Guidance
/in UncategorizedBy Robert Ayers
On June 10, OSHA announced two significant developments in the ongoing saga of COVID-19 restrictions in the workplace. First, OSHA issued an emergency temporary standard (ETS) applicable to healthcare settings. Second, OSHA updated its COVID-19 guidance for all other non-healthcare settings. Read more
New Physician Assistant Collaboration Rules for Idaho
/in UncategorizedBy Kim Stanger
Idaho has joined several other states in revamping requirements for physician assistants (aka physician associates) effective July 1, 2021. The new law removes the requirement for individually identified supervising physicians and delegation of services agreements in favor of general oversight and/or collaborative practice agreements. Read more
Prepare for Changes Under New Mexico Senate Bill 152
/in Legislationby Little West and Kaitlyn Luck
On April 5, 2021, the Governor of New Mexico signed Senate Bill 152 (SB152) into law. SB 152 amends the Continuing Care Act (Section 24-17-4 NMSA 1978, (the Act) to address issues that have arisen involving the solvency of Continuing Care Communities, with little or no equity to cover shortfalls, and the disproportionate impacts that occur from the need to relocate residents on very short notice. Read more
HIPAA, Business Associates, and the Conduit Exception
/in HIPAABy Kim Stanger
The HIPAA privacy and security rules impose significant requirements on covered entities and their business associates; violations may result in penalties ranging from $119 to $59,522 per violation. (45 CFR § 160.404; 45 CFR § 102.3; 85 FR 2879). “Business associates” are generally those entities that create, receive, maintain or transmit protected health information (“PHI”) on behalf of a covered entity (45 § CFR 160.103, definition of business associate); thus, most entities that handle data for healthcare providers or their business associates will become business associates and subject to HIPAA requirements, including data storage, data transmission, and cloud services providers unless an exception applies. Read more