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Sarah R. SkubasBlog Posts

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  • Year-End Considerations and Resources For Healthcare Employers

    Surging COVID-19 cases, COVID-19 vaccination considerations and post-election impacts are just a few of the many evolving issues facing healthcare employers as we head into the end of 2020. If you missed our recent Healthcare Industry Key Trends webinar, please consider watching as our Jackson Lewis colleagues touch on many of these issues and more....… Continue Reading
    December 9, 2020
  • To Vaccinate Or Not To Vaccinate… That Is The Question

    Requiring flu vaccines is nothing new for healthcare employers. However, in light of COVID-19, there is a renewed emphasis and discussion concerning flu vaccines in the workplace.  Healthcare employers are unique because often state or municipal laws regulate when a healthcare employer must require flu vaccinations, permissible exceptions and documentation requirements.  These regulatory obligations are...… Continue Reading
    November 25, 2020
  • Court Vacates Parts of FFCRA Regulations, Including Healthcare Provider Definition

    Healthcare employers who believed they were entirely exempt from the FFCRA’s obligations, including providing certain paid leave, based on the Department of Labor’s March regulations should revisit their position in light of a recent ruling from a New York federal court.  Many healthcare providers believed they were entirely exempt from the FFCRA because of the...… Continue Reading
    August 3, 2020
  • Just Culture–What Is It and Can It Minimize Patient Harm and Promote a Positive Workplace Culture?

    Healthcare employers, along with other high-risk industries, continually look for ways to minimize risk and to promote a positive work culture for employees. One approach is the implementation of a “just culture” framework. In essence, “just culture” is a shared accountability methodology. In a “just culture” framework, both employers and employees are responsible for their...… Continue Reading
    April 5, 2019
  • Healthcare Whistleblowers Collecting Under The FCA Even Where There Are No Fraudulent Billings: What Is An Employer To Do?

    The Department of Justice recently reported that the healthcare industry accounted for $2.5 billion of the $2.8 billion dollars it recovered in False Claims Act (FCA) cases in Fiscal Year 2018. Qui tam actions (FCA claims brought by private individuals on behalf of the government) allow whistleblowers to receive up to 30 percent of the...… Continue Reading
    March 4, 2019
  • Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial

    A recent Fifth Circuit decision reminds healthcare employers that liability not only stems from potential harassment of employees by coworkers, but by patients as well. In Gardner v. CLC of Pascagoula, L.L.C. dba Plaza Community Living Center, 2018 U.S. App. LEXIS 17939 (5th Cir. June 29, 2018), the Fifth Circuit held that Kymberli Gardner, a...… Continue Reading
    August 1, 2018
  • November 2018 Ballot Question Seeks to Impose Registered Nurse-to-Patient Ratio Limits on Massachusetts Health Care Facilities

    The Massachusetts Supreme Judicial Court (SJC), the state’s highest court, has held that an Initiative Petition (Initiative Petition 17-07) seeking to create a new law (“The Patient Safety Act”) that would dictate to hospitals and acute care units in state-operated health care facilities the number of patients that may be assigned to a registered nurse...… Continue Reading
    July 16, 2018
  • American Medical Association Adopts Resolution to Promote Pay Equity

    The healthcare industry is following other industries with an increased focus and growing sense of alarm over the gender pay gap.  Click here to read our full article regarding the AMA’s resolution to promote pay equity.  … Continue Reading
    June 22, 2018
  • American Medical Association Adopts Resolution to Promote Pay Equity

    The healthcare industry is following other industries with an increased focus and growing sense of alarm over the gender pay gap. According to Doximity, in 2017, female physicians on average earned $105,000 (27.7%) less than male physicians.  Similarly, a 2016 study published in The Journal of the American Medical Association reported that female academic physicians...… Continue Reading
    June 21, 2018
  • Why the Healthcare Industry Should Pay Particular Attention to Drug and Alcohol Issues in the Workplace

    While all employers struggle with navigating the ever-changing landscape of drug and alcohol issues in the workplace, healthcare employers should pay particularly close attention. According to the annual Quest Diagnostics Drug Testing Index, illicit drug use among U.S. employees continues to rise, resulting in the highest drug test positivity rates in the last 12 years....… Continue Reading
    March 21, 2018