Case: Plasma donors filed a class action claiming that a plasma donation company’s use of a donor-identification system based on a donor’s fingerprints and biometric information without consent … [Read more...]
CLIA Lab Subject to HIPAA Not Necessarily Exempt from State Medical Privacy Law
How to Audit the Effectiveness of Your Lab Compliance Plan
If you’re reading this, it’s a pretty good bet that you’ve put a compliance plan into place at your lab. But just how effective is it? To answer this crucial question, you must consider not only what … [Read more...]
Employee Can’t Blame Positive Marijuana Test on Testing Lab’s Negligence
Case: An oil and gas worker was reassigned to a less desirable warehouse position after his hair follicle test came back positive for marijuana. The worker insisted he was clean—his urine drug and … [Read more...]
Manager Can’t Sue Lab for Disability Discrimination After Signing a Severance Release
Case: Things went down hill for a clinical lab manager after he got into a violent confrontation with one of the union stewards representing the phlebotomists he supervised. Two days after the … [Read more...]
OIG Issues Fraud Alert on Pharmaceutical Company In-Person Speaker Programs
Before the pandemic put the chill on live conference events, it was fairly common for pharmaceutical companies, device makers and diagnostics companies to offer healthcare professionals fees for … [Read more...]
Final Rules Offer Real Stark and Kickback Relief but Largely Exclude Labs
With its time apparently running out, the Trump administration completed one of its pet projects by finalizing the kickback reform rules it proposed in October 2019. Issued on Nov. 20, the new final … [Read more...]
Texas Court Nixes Toxicology Labs’ ERISA Beneficiary Unpaid Claims Lawsuit against United Healthcare
Case: After United Healthcare denied their claims, plan members assigned their benefits to a pair of toxicology labs who then filed a lawsuit to against United under the federal Employee Benefits … [Read more...]
What, If Anything, Does OSHA Require You to Do to Protect Telecommuters?
While telecommuting is nothing new, the imperative for using it has never been greater. In addition to all the cost-saving, work-life balance, recruiting and hiring advantages, letting employees work … [Read more...]
OSHA Fines New Jersey Hospital for Coronavirus Respiratory Protection Violations
Case: OSHA is proposing to fine the hospital $9,639 for two serious violations: i. Failure to fit test tight-fitting respirators face piece respirators on employees required to use them; and ii. Not … [Read more...]
Using Waivers to Avoid Getting Sued for COVID-19 Infections
PLEASE READ NOTICE TO ALL ENTRANTS AND USERS OF THESE LABORATORY FACILITIES EXCLUSION OF LIABILITY – ASSUMPTION OF RISK THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO … [Read more...]