Air Ambulance Billing Issues Appealed to US Supreme Court

The US Supreme Court  (SCOTUS) is being asked to review the pre-emption issue involving  air ambulance billing charges. A Petition for Certiorari was filed by PHI Air Medical, LLC following the denial of the Texas Supreme Court to honor the full air ambulance billing changes in a workers’ compensation claim.

Federal Preemption of State Medical Billing Schedules

Medical benefits are a significant factor in the overall costs of of most state workers compensation programs. The ability to contain  those costs is at the very heart of the viability of most workers’ compensation systems. Federal preemption of state medical fee schedules and regulations are a prevailing challenge to the patchwork of non-uniform state benefit programs.

Employers Can't Compel COVID-19 Antibody Testing

CDC said in its Interim Guidelines that antibody test results “should not be used to make decisions about returning persons to the workplace.” In light of this CDC guidance, under the ADA may an employer require antibody testing before permitting employees to re-enter the workplace? (6/17/20)

The problem with workers’ compensation award ceremonies

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

Recently three injured workers were honored at the Comp Laude Gala put on by trade publication Workers’ Compensation Central. The event included a panel with the catastrophically injured workers who overcame their injuries.

US Labor Department announces final rules to improve employment of veterans and people with disabilities

Hiring workers with pre-existing disabilities creates workers' compensation future costs of workers' compensation fears for many employers. As Second Injury Funds have evaporated as an economic insulator for employers, other mechanisms have been generated such as ADA claims and Federal employment regulations.

The U.S. Department of Labor today announced two final rules to improve hiring and employment of veterans and for people with disabilities. One rule updates requirements under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; the other updates those under Section 503 of the Rehabilitation Act of 1973. For more than 40 years these laws have required federal contractors and subcontractors to affirmatively recruit, hire, train and promote qualified veterans and people with disabilities respectively.

"In a competitive job market, employers need access to the best possible employees," said Secretary of Labor Thomas E. Perez. "These rules make it easier for employers to tap into a large, diverse pool of qualified candidates."

"Strengthening these regulations is an important step toward reducing barriers to real opportunities for veterans and individuals with disabilities," said Patricia A. Shiu, director of the department’s Office of Federal Contract Compliance Programs, which enforces both laws.

The VEVRAA rule provides contractors with a quantifiable metric to measure their success in recruiting and employing veterans by requiring contractors to annually adopt a benchmark either based on the national percentage of veterans in the workforce (currently 8 percent), or their own benchmark based on the best available data. The rule strengthens accountability and record-keeping requirements, enabling contractors to assess the effectiveness of their recruitment efforts. It also clarifies job listing and subcontract requirements to facilitate compliance.

The Section 503 rule introduces a hiring goal for federal contractors and subcontractors that 7 percent of each job group in their workforce be qualified individuals with disabilities. The rule also details specific actions contractors must take in the areas of recruitment, training, record keeping and policy dissemination — similar to those that have long been required to promote workplace equality for women and minorities.

The rules will become effective 180 days after their publication in the Federal Register. More information is available atwww.dol.gov/ofccp/VEVRAARule/ and www.dol.gov/ofccp/503Rule/.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.
Read this news release en Español.

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