Washington now prohibits nondisclosure and nondisparagement agreements between employers and employees relating to certain illegal conduct. The Silenced No More Act was signed into law this spring and makes void and unenforceable any provision in an agreement with a current, former, or prospective employee or independent contractor that bars the employee or contractor from “disclos[ing] or discuss[ing] conduct, or the existence of a settlement involving conduct, that the employee reasonably believed under Washington state, federal, or common law to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, or sexual assault, or that is recognized as against a clear mandate of public policy,” where the conduct occurred “at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and employee, whether on or off the employment premises.” The Act does allow an agreement to limit the disclosure of the amount of a settlement.

It is a violation of the Act by simply requesting or requiring an employee to enter into a covered nondisclosure or nondisparagement agreement, even prior to enforcement. Violation of the Act includes payment of actual damages or $10,000 whichever is more as well as reasonable attorneys’ fees and costs.

The Act is retroactive and invalidates any covered nondisclosure or nondisparagement agreement that were entered into at the outset of employment or during employment. However, any such agreement in the settlement of a prior legal claim remains enforceable but will not be permitted in the future.

Employers will need to understand their new reporting and notification obligations under the law and be aware of the rebuttable presumption for workers’ compensation coverage.

Article by  :
https://www.jdsupra.com/legalnews/employment-law-alert-silenced-no-more-9073388/

Inadequate regulations make it hard for patients to tell if they are getting a good doctor or a quack.

"The alarming number of problems with Brazilian butt lifts is largely the result of lacking regulations. While plastic and cosmetic surgery may sound synonymous, they are not. Across the US, a couple of months of training earns doctors the right to call themselves a cosmetic surgeon. On the other hand, a plastic surgeon certified by the American Board of Plastic Surgery requires at least six years of specialized training."

Red the full article here: https://www.bloomberg.com/news/articles/2022-07-18/how-the-brazilian-butt-lift-became-one-of-the-deadliest-cosmetic-surgeries

In New York State, the shortage is at an “all-time high,” said Matthew Allen, a registered nurse at Mount Sinai Hospital in New York City and a board member of the New York State Nurses Association. “It’s just historic, more than it’s ever been before,” Mr. Allen said, noting that as of last week, Mount Sinai’s hospital network alone had 771 unfilled registered nurse and nurse practitioner positions.

Read the full article: https://www.nytimes.com/2022/07/15/us/hospital-nursing-shortage.html

NEW YORK CITY (WABC) -- The people who run the Staten Island Ferry have been testing positive for COVID, so the vessels have been running a little less frequently lately.

The NYC Department of Transportation announced from now through July 26, the ferries will run at 20-minute intervals between 6-9 a.m. and 4-8 p.m. weekdays, adding five minutes to the usual rush hour wait times.

https://abc7ny.com/nyc-covid-staten-island-ferry-mask-mandate-new-york/12057208/

The FDA last week announced that it had accepted the FACE-Q as a qualified Medical Device Development Tool (MDDT) – a decision that not only provides the agency with patient perspective when it comes to evaluating new aesthetic treatments, but also national recognition for an idea that came into being thanks to The PSF's grant funding.

Read more about this from ASPS on plasticsurgery.org

It’s a HIPAA violation that occurs every day but seldom makes the headlines. It has the potential to destroy an organization’s reputation, but it comes from within.

Medical record snooping by employees may seem like a victimless offense, but the costs and consequences of EHR snooping are real.

Read the rest of the article from the Compliancy Group on LinkedIn: https://www.linkedin.com/pulse/costs-consequences-ehr-snooping-compliancygroup

On Friday, November 26, 2021, Governor Kathy Hochul issued an executive order suspending non-essential/elective surgery in hospitals where the associated hospital bed capacity is less than 10%. The Executive Order goes into effect on Friday, December 3rd and will be re-evaluated based on the latest COVID-19 data on January 15, 2022. View the Executive Order.

On April 5, 2021, a requirement of the 21st Century Cures Act went into effect: Patients must be able to access information in their EHRs “without delay.” (This requirement does not apply to paper records.) The Cures Act prohibition against information blocking, often referred to as an “open notes” provision, provides patients with transparency in the outcomes of their healthcare via convenient access to information in their EHR, which can positively or negatively impact the patient-doctor relationship.

The good news: Many patients feel better about their provider after reading a note. Positive effects on the patient-provider relationship may be most significant among vulnerable patients, such as those with fewer years of formal education. 

The bad news: Concerns about open notes mainly revolve around the potential for conflicts with patients and potential time conflicts. 

Concerns include:

• Timing: The originally planned implementation date for the open notes provisions in the Cures Act was November 2020. Because of the COVID-19 pandemic, this was pushed back to April 2021. 

• Uncertainty about the documentation process:Most patients will not understand clinical shorthand, and providers may need added time for explanation. 

• Technology: Some EHR vendors are still racing to provide services that allow practices to remain in compliance with the Cures Act. 

The ugly news: More frequent requests for records changes from patients could increase already weighty administrative burdens on providers. Worse, some of these requests will be for changes providers cannot support, and making time for careful conversations with patients and providing written responses for requests that are rejected will be a challenge. 

When composing notes, certain simple strategies will raise the odds that notes will be well understood and well received. Beyond being clear and succinct, strategies for success include composing at least a portion of the note as instructions directly addressed to the patient and providing a list of commonly used medical terms and abbreviations. 

For an in-depth review of strategies for success when composing notes, see 12 Strategies for Success With Open Notes in Healthcare: The Cures Act

Unless an exception applies, clinical notes must not be blocked, but the Cures Act allows for a fairly long list of specific, well-delineated exceptions. 

For information regarding exceptions to open notes, please see What Open Notes Exceptions Does the Cures Act Allow?

Chad Anguilm, MBA, is Vice President, In-Practice Technology Services, Medical Advantage, part of TDC Group. Richard F. Cahill, JD, is Vice President and Associate General Counsel, The Doctors Company, part of TDC Group. Kathleen Stillwell, MPA/HSA, RN, is Senior Patient Safety Risk Manager, The Doctors Company, part of TDC Group.

reposted from: MSSNY eNews July 7, 2021 edition

The latest emergency regulation from DFS, released on Wednesday, July 7th, continues coverage for Telehealth services delivered via audio-only until at least October 1st. However, it is unclear if DFS will renew come October, making clarifying legislation potentially necessary.

Please note that last year a statute was enacted that requires Medicaid to cover audio-only Telehealth. The New York State Department of Health (DOH) recently issued a guidance document for how Medicaid will continue to cover Telehealth services, including audio-only services.

To view the latest extending regulation, click here.

On June 10, 2021, OSHA issued an Emergency Temporary Standard (the “Standard”) specific to COVID-19, including health screening mandates and COVID-specific protocols, and paid leave requirements for certain healthcare providers. The Standard generally enforces CDC protocols that have been recommended during the pandemic. On the same day, OSHA also issued “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” for all other employers (the “Guidance”). The Guidance focuses on protections for unvaccinated or otherwise “atrisk” workers, who are described as those that “cannot be protected through vaccination, cannot get vaccinated, or cannot use face coverings.” The Guidance notes that, unless otherwise required, most employers no longer need to take steps to protect fully vaccinated workers who are not otherwise at-risk from exposure to COVID-19 in the workplace, or well-defined portions of the workplace, where all employees are fully vaccinated. 

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