http://www.vonbriesenhealth.com/rss/LegalAndLegislativeFeed.aspxLegal and Legislative resource articles and press releases from Von Briesen & Roper, s.c. For informational purposes only.(c) 2010, von Briesen & Roper, s.c. All rights reserved.45As several of our clients have encountered, recently employees and their counsel have argued that a woman can choose to take her federal Family and Medical Leave Act ("FMLA") leave and her Wisconsin FMLA leave consecutively. The situation most often presents itself when a woman requests time off during pregnancy, before the birth of a child, but wants to "save" her six weeks of Wisconsin FMLA leave to use upon the birth of her child. In one case in which von Briesen & Roper represented the employer, the Wisconsin Department of Workforce Development's Equal Rights Division ("ERD") advised an employee that she could "stack" her state and federal FMLA leave in this way. In fact, the ERD found probable cause to believe there had been a violation of the Wisconsin FMLA when an employer told an employee that her state and federal FMLA pregnancy leaves would run concurrently when taken in the 16 weeks before the birth of her child. Our client stood by its position that the federal and state FMLA laws run concurrently when the leave qualifies for protection under both laws and went to a hearing on the merits.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=385http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=385Fri, 26 Feb 2010 12:00:00 CSTThe February 2010 Labor and Employment Law Update focuses on The "Pros" and "Cons" of Social Networking for Employers and New Employment-Related Matters of Note.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=384http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=384Thu, 25 Feb 2010 12:00:00 CSTHistorically, employers extending group health plan coverage to the dependents of employees limited the availability of that coverage to individuals who qualified as dependents of employees for purposes of the federal income tax laws applicable to employer-sponsored group health plans. Either by choice or to comply with government mandates, however, employers are increasingly extending dependent coverage to individuals who do not qualify as dependents of employees for purposes of those tax rules ("Non-tax Dependents). Covering Non-tax Dependents can present some significant tax issues and complications for employers.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=382http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=382Tue, 16 Feb 2010 12:00:00 CSTThe IRS has created a guidance document for leaders in nonprofit organizations. Although long and a bit technical, it is a good "one source" reference for a nonprofits' operations, reporting and tax filing requirements, including what may jeopardize recognition of the nonprofits' tax exempt status. For your organization or for those nonprofits you serve, review and discussion of the booklet may be a good New Year's discussion topic, or at least worth sending this document out to the board.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=378http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=378Wed, 23 Dec 2009 12:00:00 CSTSince the 1930s, a local government entity has been required to ensure that prevailing wages are paid on that entity's public works projects, when those projects exceed a designated threshold cost. In 2009, that threshold cost was $48,000 for projects completed by a single type of trade or $234,000 for projects that involved multiple trades. Superintendents and School Business Officials need to be aware of two significant changes recently made to the prevailing wage law. First, the distinction between projects completed by one trade and projects involving multiple trades was eliminated. Second, beginning January 1, 2010, all public works projects with a cost of $25,000 or more must comply with the prevailing wage law and receive a prevailing wage determination from the Department of Workforce Development. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=377http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=377Mon, 14 Dec 2009 12:00:00 CSTIn a decision issued on December 1, 2009 involving the City of Menasha, the Wisconsin Employment Relations Commission ("WERC") held that a proposal by the City to "maintain language from the 2007–2008 Agreement which required that the appeal procedures contained in Section 62.13, Stats. be utilized by a union-represented employee who wished to challenge discipline imposed pursuant to that statutory provision" constituted a prohibited subject of bargaining and was invalid. WERC's decision in this case was very narrow and was by no means earth-shattering. WERC simply held that a municipal employer may not make a bargaining proposal that "prohibits access to arbitration" pursuant to Section 111.70(4)(mc), Stats. Of significant and notable importance, WERC did not invalidate existing collective bargaining agreement language that is present in a current collective bargaining agreement. Nor did WERC invalidate language that is agreed to by the municipal employer and Union where the parties agree to use the circuit court as the appeal choice for review of PFC discipline decisions. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=375http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=375Mon, 07 Dec 2009 12:00:00 CSTADA, EFCA, ERD, Wisconsin Task Force, independent contractor, wage and hour, uncompensated meal, health risk assessment, H1N1http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=374http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=374Tue, 17 Nov 2009 12:00:00 CSTThe Center for Medicare and Medicaid Services ("CMS") recently published its 2010 Outpatient Prospective Payment System Final Rule ("Final Rule"). As part of its Final Rule, CMS changed and clarified the direct supervision requirements for hospital outpatient therapeutic services and procedures. The result of these changes is a relaxation of the direct supervision requirements for outpatient therapeutic services and procedures and added flexibility. Nevertheless, the Final Rule still presents challenges for hospitals in meeting the supervision standard.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=373http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=373Mon, 16 Nov 2009 12:00:00 CSTMedical staff bylaws and governing policies are important legal documents that too often sit on a shelf, gathering dust and accessed only before a survey by The Joint Commission (TJC) or in the midst of a medical staff crisis. These documents, however, are designed to define the purpose of the medical staff, specify the obligations and duties of its members, and provide a process for credentialing and privileging. It is therefore necessary to conduct periodic reviews to ensure compliance with applicable federal and state laws and TJC requirements. An organization also must effectively communicate their medical staff policies to all applicable staff, and apply these policies consistently throughout the organization.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=372http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=372Fri, 13 Nov 2009 12:00:00 CSTAs health care regulations and accreditation standards continuously evolve, so do medical staff requirements. This Update covers the following topics: The Joint Commission's Telemedicine Standard; Board Certification Requirements; History & Physical Requirements for Medical Staff Documents; The Joint Commission's Statement of Duties and Privileges Standard; and, Recent Development in Economic Credentialing.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=370http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=370Mon, 19 Oct 2009 12:00:00 CSTOn October 7, 2009, Interim Final Rules were issued to implement certain sections of the Genetic Information Nondiscrimination Act ("GINA"). These rules prohibit (i) the use of genetic information for increasing the group premiums or contribution amounts based on genetic information; (ii) requesting an individual or family member to undergo genetic testing, except in limited circumstances; or (iii) requesting genetic information in connection with enrollment or for "underwriting purposes," which includes offering benefits or rewards for completing a health risk assessment ("HRA").http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=369http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=369Fri, 16 Oct 2009 12:00:00 CSTThe Office of Inspector General (the "OIG") has released its Fiscal Year 2010 Work Plan (the "2010 Plan"). The 2010 Plan describes the OIG's new and ongoing projects for the 2010 Fiscal Year to carry out its mission of, in part, ensuring the integrity of the Medicare and Medicaid programs. Many of the projects include audits and evaluations of the Center for Medicare and Medicaid Services ("CMS") and provider claims. The 2010 Plan generally addresses areas the OIG believes are prone to abuse or other error. Providers can review the 2010 Plan to develop compliance activities for the upcoming year. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=368http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=368Mon, 12 Oct 2009 12:00:00 CSTEffective September 23, 2009, if you are a health care provider, clearinghouse, or health plan that is a "Covered Entity" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), you must notify affected individuals of certain breaches of their individually identifiable health information by you or your Business Associates. This new "Rule" goes into effect on September 23, 2009; however, sanctions will not be imposed until after February 22, 2010.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=364http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=364Thu, 03 Sep 2009 12:00:00 CSTH1N1, ADA, Affirmative Action, Domestic Partners (Wisconsin), EFCA, Restrictive Covenants, Wisconsin FMLA Leave For Pregnancyhttp://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=362http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=362Thu, 20 Aug 2009 12:00:00 CSTOn September 1, 2009, important changes to Wisconsin's rules governing physician assistant prescriptive practices will take effect. Most important among the changes is the repeal of the rule requiring physician co-signatures of physician assistant prescription orders. The new rules still require established written guidelines under which the physician assistant may issue prescription orders, but the guidelines must now include the drug categories the physician assistant may prescribe. (For example, antibiotics, cardiovascular medications, etc.) Finally, the new rules will require supervising physicians to periodically review the physician assistant's prescription orders, although the rules do allow some flexible options concerning the method and frequency of review.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=359http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=359Thu, 23 Jul 2009 12:00:00 CSTProviders in the health care community are starting to use social networking mediums for promotion of their programs and public education. In fact, over 290 health care systems in the United States currently use a form of social networking, including several Wisconsin health care providers. This Bulletin provides a basic overview of the utility of using social networking websites to broadcast surgeries, and sets out some basic legal considerations related to this new trend.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=358http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=358Mon, 20 Jul 2009 12:00:00 CSTWisconsin courts have frequently found that if any restrictive covenant within an agreement was unlawful, the entire agreement was unenforceable. However, on July 14, 2009, in Star Direct, Inc. v. Dal Pra, the Wisconsin Supreme Court issued a decision that could increase the enforceability of restrictive covenants in Wisconsin. The Court held that separate covenants within one agreement may be divisible and separately enforceable, even if one or more of the covenants are found to be unenforceable.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=357http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=357Fri, 17 Jul 2009 12:00:00 CSTEffective July 24, 2009, both the federal and Wisconsin minimum wage for adult employees will increase to $7.25 per hour. The Wisconsin minimum wage for tipped employees will remain $2.33, and the Wisconsin minimum wage will remain $5.90 for employees under age 20 who are in their first 90 consecutive calendar days of employment with a particular employer. The federal minimum wages for tipped and youth employees are lower ($2.13 and $4.25, respectively), but Wisconsin employers are required to comply with Wisconsin's higher minimum wage requirements for these groups. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=356http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=356Thu, 16 Jul 2009 12:00:00 CSTQuality concerns, patient demands and physician staffing all contribute to providers' focus on supervision of mid-level providers (MLPs). Regarding services provided as incident to outpatient therapeutic services, the Center for Medicare and Medicaid Services (CMS) added to the confusion by issuing a "clarification" in the CY 2009 Outpatient Prospective Payment System (OPPS) Rule that tightened supervision requirements for on-campus and in-hospital outpatient departments. Since then, however, CMS has attempted to make this "clarification" more clear with the issuance of its proposed CY 2010 OPPS Rule. This article discusses CMS's proposed rule, with a specific focus on the proposed revisions to the supervision requirements for incident to outpatient therapeutic services. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=353http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=353Wed, 08 Jul 2009 12:00:00 CSTThe new Wisconsin Budget, signed into law on June 29, 2009, expands leave rights under the Wisconsin Family Medical Leave Act ("WFMLA") to same-sex and opposite-sex domestic partners. Wisconsin employers who are subject to the WFMLA should immediately update their practices and policies to comply with these new requirements. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=354http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=354Wed, 08 Jul 2009 12:00:00 CST