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Tag Archives: Barry Rosen

Barry Rosen: Beware of English-only rules (access required)

The federal Equal Employment Opportunity Commission announced last year that Delano Regional Medical Center, an acute-care hospital in California's San Joaquin Valley, agreed to pay $975,000 to settle a class action national origin discrimination lawsuit brought on behalf of a class of approximately 70 Filipino-American hospital workers.

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Barry Rosen: Physicians win one, lose one in anti-kickback opinions (access required)

The Office of the Inspector General (OIG) of the federal Department of Health and Human Services recently released two advisory opinions clarifying the reach of the federal anti-kickback statute. That law makes it illegal for anyone to pay or receive money or other benefits designed to induce the referral of a patient for items or services payable by a federal health care program, such as Medicare.

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Barry Rosen: Those social media passwords – private! (access required)

Robert Collins, an employee with the Maryland Department of Public Safety and Correctional Services, took a leave of absence from his job at the Patuxent Institution. When he reapplied for his job, he was asked to disclose his Facebook user name and password. Collins complied and was eventually rehired, but he complained to the Maryland Chapter of the American Civil Liberties Union.

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Barry Rosen: ‘Lost chance’ doctrine extended to disability (access required)

In Mohr v. Grantham, the Supreme Court of Washington recently extended the “lost chance of a better outcome” doctrine to medical malpractice cases in which the ultimate harm to the patient is disability rather than death. Washington state had previously recognized the doctrine in death cases.

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Barry Rosen: Investigate harassment claims promptly (access required)

A recent federal case, Tuli v. Brigham & Women’s Hospital, demonstrates how costly it can be for a health care organization to fail to respond to complaints about discrimination and harassment. Dr. Sagun Tuli was hired in 2002 by Brigham ...

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