OCR Eases HIPAA Burdens for Telehealth during COVID-19 National Emergency
In response to the unprecedented public health emergency presented by COVID-19, the Department of Health and Human Services, Office for Civil Rights (OCR), responsible for enforcing the HIPAA Privacy, Security, and Breach Notification Rules, issued a notification of enforcement discretion for telehealth remote communications effective immediately.
Sixth Circuit: No Accommodation Without Documentation
Navigating an employee’s request for an accommodation pursuant to the Americans with Disabilities Act (“ADA”) can feel like walking a tightrope—an employee’s requested accommodation may appear to exceed the limits of all reasonableness, but it can be difficult to know when an employer can finally say “no” without fear of liability. A recent decision from the Sixth Circuit provides helpful guidance on this issue.
Do You Have a Fever: Preparing for a Pandemic Without Violating the Americans with Disabilities Act
Employers are now dealing with the very real possibility of a coronavirus pandemic in the United States. When an “epidemic” becomes global, it becomes a “pandemic.” Employers need to develop plans now for effectively responding to employee concerns in the event of a pandemic.
Tennessee Supreme Court Upholds $750,000 Statutory Cap on Non-Economic Damages in Civil Cases
The Tennessee Supreme Court, in an opinion published February 26, 2020, upheld Tennessee’s statutory cap on noneconomic damages in civil cases, codified at Tenn. Code Ann. § 29-39-102, which generally limits noneconomic damages, including pain and suffering, permanent injury, and loss of enjoyment of life, to $750,000.
NLRB Final Rule on Joint Employer Standard
On February 26, 2020, the National Labor Relations Board (“NLRB”) issued its final rule on the standard for determining joint-employer status for businesses and employees covered by the National Labor Relations Act (“NLRA”).
Congress Passes Extension for New Markets Tax Credits Program, Increases Allocation by $1.5 Billion
When some people hear the phrase New Markets Tax Credits, they might think of an obscure tax incentive. However, other people, those who deal with the program or have been directly impacted by it, think of something completely different. These individuals think of a hydroelectric generating facility found on the Kentucky River, a new health and science building at a small college in Berea that offers students a debt-free education, a brand new state-of-the-art YMCA in West Louisville that offers increased community services to society’s most vulnerable, or a Winchester facility that manufactures bio-degradable plastic items while employing those desperately in need.
New Bankruptcy Law May Increase Small Business Filings
On Wednesday, February 19, 2020, the Small Business Reorganization Act of 2019 creating a new Subchapter V for small-business debtors (less than $2,725,625 in debt) becomes effective. The purpose of this act is to eliminate some of the costly elements of a business bankruptcy reorganization and streamline the procedures.
State Comments on USDA’s Interim Final Rule Governing Hemp Production
The comment period for the U.S. Department of Agriculture’s Interim Final Rule (IFR) has closed. Over 3,000 comments were submitted by farmers, companies, hemp industry associations, and state agriculture departments. Given their regulatory experience and the uniformity of their pushback, it seems likely that the USDA will be most receptive to the comments from the state agriculture agencies.