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Posts from July 2007.

Beginning on September 1, 2007, the U.S. Department of Health and Human Services (HHS) will begin sending mandatory disclosure reports (called Disclosure of Financial Relationships Reports” or “DFFRs”) to 500 hospitals it has selected. The DFFRs will be sent to the selected hospitals and will require the hospitals to disclose information concerning their investment and ...

In June 2007, the Joint Commission adopted revisions to its standard addressing medical staff bylaws, rules and regulations and policies (Standard MS.1.20). The new Standard, which becomes effective January 1, 2009, significantly changes the requirements for which provisions must be set out in the medical staff bylaws versus the rules and regulations and policies. While earlier ...

On July 16, a federal judge in Pittsburgh issued a 204-page decision certifying a nationwide class action against UPS. Among the plaintiffs’ claims are that UPS maintained an unwritten rule requiring injured employees to be “100% healed” and have no medical restrictions before they could be returned to work, in violation of the ADA.  The judge said that the plaintiffs could use ...

In Berry v. T-Mobile USA, Inc., the Tenth Circuit affirmed summary judgment in T-Mobile’s favor on the plaintiff’s claim that she was “regarded as” disabled in violation of the ADA when a T-Mobile representative suggested she apply for FMLA leave. The plaintiff, Barbara Berry, had multiple sclerosis (“MS”), which sometimes caused her to be fatigued and impaired her ...

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