In early August, the New York State Department of Health (DOH) announced and opened the New York Health Care Worker Bonus (HWB) Program, which provides $1.2 billion dollars in health care worker bonuses to eligible employees. On August 29, the DOH issued updated guidance and addressed a number of questions raised under the Program. Notably, the DOH is affording employers a grace period for submitting claims for the first vesting period. The first vesting period was previously slated to close this Friday, September 2, but has now been extended to October 31. Employers impacted by this Program should review the updated FAQs and consult with employment counsel to ensure compliance with the requirements of the complex processes involved.

Read the full article here

The New York State Legislature passed two bills aimed at easing medical debt back in May, and a new report indicates they are much needed.

The first bill bans medical liens and wage garnishment; the second regulates the billing of so-called "facility fees," and requires that patients be informed about those fees upfront.

In a report on hospital debt, the Community Service Society of New York found that 112 nonprofit hospitals sued more than 53,000 patients across the state between 2015 and 2020.

Dr. Elisabeth Benjamin, vice president of health initiatives with the CSSNY, said she thinks facility fees help hospitals get money from people when they aren't supposed to be charged.

Read the full article here

Labor unions hoping for permanent workplace safety standards to protect healthcare staff from COVID-19 infections in the workplace were dealt a blow Friday when an appeals court denied an emergency petition they filed.

Unions pushed heavily for the Occupational Safety and Health Administration to implement a federal emergency temporary standard for medical facilities amid shifting guidance from national and local agencies through the first year of the pandemic.

OSHA did so in June 2021 with a rule mandating hospitals and other healthcare facilities follow requirements around ventilation, physical barriers and other protections intended to reduce virus transmission.

In December, the agency then announced it would withdraw the rule though it was working toward a permanent regulatory solution while considering broader infectious disease rulemaking.

As part of its 2023 state budget, New York State has allocated $1.2 billion for the payment of bonuses to certain frontline healthcare workers. This bonus program is intended to reward healthcare workers for their services during the COVID-19 pandemic and to promote employee retention and recruitment in the healthcare sector. Qualified employers who wish to participate in the program must submit claims for bonus payments for all of their qualifying employees.

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"The New York State Department of Labor clearly states that an employer may not discriminated against any employee who uses cannabis so long as the use is taking place outside of the workplace, outside of work hours, and without the use of any of the employer's equipment or property. Any employer who discriminated against an employee who smokes pot would be a violation of federal law."

"Employers are allowed to create policies which would prohibit employees from performing any and all job duties while impaired by cannabis."

Read the full article here

More than 2,300 monkeypox cases have been reported in New York City.

New York City officials are holding a town hall Monday to discuss the ongoing monkeypox outbreak as cases continue to climb and thousands of vaccine appointments over the weekend were swept up within minutes.

Currently, there are more than 2,300 confirmed cases in the Big Apple with Manhattan having the most at 917, according to data from the city's Department of Health and Mental Hygiene.

Watch the town hall coverage by ABC News here here

On August 11, 2022, the Centers for Disease Control and Prevention (CDC) once again revised its public health recommendations regarding COVID-19 prevention measures in general community settings, including non-healthcare workplaces. In doing so, the CDC acknowledged that “COVID-19 is here to stay,” and seemed to shift its focus from viral containment to lessening the risk of severe illness and death associated with the virus. Chief among these changes is the CDC’s removal of its quarantine recommendation – individuals are no longer advised that they should quarantine following close contact exposure to COVID-19, regardless of their vaccination status, where they do not experience symptoms or test positive.

Read the full article here and the separate recommendations for healthcare professionals here.

A New York federal judge on Wednesday dismissed a surgeon’s legal challenge that sought to roll back key pieces of a federal law that protects patients from surprise out-of-network bills.

Judge Ann Donnelly ruled against the surgeon, finding that the law is constitutional, and dismissed the case for lack of standing and dismissed the surgeon’s request for a preliminary injunction.

Katie Keith, a lawyer and health policy expert at Georgetown University who tracks surprise billing litigation, called the ruling good news for consumers.

Read the full article here

In Governor Hochul’s briefing last Wednesday 8/3/22, she announced the start of the Healthcare Worker Bonus program. This year’s state budget allocated $1.3 billion for health care worker bonuses meeting certain criteria including making under $125,000 and remaining in the position for six months.

The eligible employers have been identified and the state has launched an online portal for employers (Portal: https://www.nysworkerbonus.com/#/).

DOH has new webpage with additional information at: https://health.ny.gov/health_care/medicaid/providers/hwb_program/index.htm

Please find the press release issued by Governor’s Office and the FAQ document posted by DOH linked below.

GOVERNOR HOCHUL ANNOUNCES NEARLY 1,000 NEW FUTURE NURSES AS PART OF ONGOING EFFORTS TO STRENGTHEN AND BOLSTER NEW YORK STATE HEALTH CARE WORKFORCE[15].docx

If you have questions, please reach out and let us know or call the HWB Call Center at 1-866-682-0077. The operating hours are Monday through Friday, 8:00 AM until 5:00 PM.

By Littler Mendelson on August 8, 2022

Governors and public health officials across the country implemented stringent mitigation measures to help contain the spread of COVID-19. As COVID-19 case rates fluctuate, face coverings are not uncommon as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some directives also obligate employers to provide masks to their employees.

This post, last updated August 8, 2022 at 8:00 a.m. (Central), identifies the jurisdictions where face coverings are recommended or required. We will update this list periodically, as pertinent developments arise.

Note that this list does not include face covering guidance at the local level. If you would like more information, please contact your Littler attorney for additional resources that summarize such requirements at both the state and local level.

Employers interested in related information may wish to consult our article identifying statewide reopening and mitigation protocols.

Access the full article and list of state requirements here