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After a three-and-a-half-day trial, a jury returned a verdict for the US Equal Employment Opportunity Commission (EEOC) on behalf of a former employee of a Tennessee nursinghome who had been fired after requesting intermittent leave to address her anxiety. The former employee suffered from anxiety throughout her adult life.
After an investigation into Colorado’s care for people with disabilities who reside in nursinghomes, the Department of Justice (DOJ) concluded that the state unnecessarily segregates people with physical disabilities in nursing facilities. Discussion Points: Review your policies and procedures on discharge planning.
Written By: Compliance Blogger This article addresses COVID testing and consent considerations for: healthcare organizations, nursinghomes and business associates or non-healthcare workplaces. Expanded screening testing of asymptomatic HCP without known exposures is required in nursinghomes and could be considered in other settings.
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Consider, for example, flexible work-from-home policies ; expanded federal proclamations that the Americans with Disabilities Act (ADA) is broad enough to cover individuals with, recovering from, or regarded as disabled because of COVID-19 or long-COVID; and efforts to prioritize and normalize mental health care.
Thus, for example, a worker may be entitled to a reasonable accommodation under the ADA if he or she cannot be vaccinated or wear a face covering due to a disability. Long Term Care facilities, including nursinghomes. Who within a covered facility must be vaccinated?
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First, nursinghomes and assisted living facilities are seeing large numbers of suits , particularly for failures in infection control. Other increasingly viable employee lawsuits are ADA disability discrimination or Title VII claims , possibly bolstered by federal government guidance from the U.S. Shield Propagation.
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