Riker Danzig Health Care Update May 16, 2019

Title:
Riker Danzig Health Care Update May 16, 2019
Publication:
Riker Danzig Health Care Update May 16, 2019
Attorneys:
Practice:

New Jersey State: Selected Adopted Legislation

New Jersey State: Notice on Regulation

Federal: Selected Proposed and Enacted Legislation

Federal: Selected Proposed and Adopted Regulations

Federal Guidance Documents

The Department of Labor’s Acting Administrator issued opinion letters regarding the use of the 8 and 80 overtime structure. Under this structure, institutions “primarily engaged in the care of the sick, the aged or the mentally ill”  pay workers extra when they work more than 8 hours in a day and over 80 hours in a two-week period, rather than when they exceed the typical 40-hour-per-week threshold.  According to DOL’s guidance document, three types of facilities can opt to use the 8 and 80 structure: (1) residential care institutions, such as nursing homes and convalescent homes, that make much of their money by providing noncritical care to patients who live on-premises; (2) facilities that care for “emotionally disturbed persons; and (3) facilities with a qualified physician who regularly provides therapy to more than 50 percent of residents.  Click here to review the opinion letter.

Federal Litigation

The list above does not include every proposed or adopted legislation, litigation or guidance document that may impact the health care industry.  Instead, it includes only a select few chosen by the authors, and any information in this Update is not intended to provide legal advice.  If you are concerned that a proposed or adopted legislation, litigation or guidance document may impact your practice, then you should seek legal advice. We send these Updates to our clients and friends to share our insights on new developments in the law. Nothing in this Update should be relied upon as legal advice in any particular matter. © 2019 Riker Danzig Scherer Hyland & Perretti LLP.

If you have any questions about the issues discussed in this Update, please contact Khaled J. Klele or Latoya Caprice Dawkins.