News Center

Michigan Public Act 379 of 2016, which became effective on March 22, 2017, changes the framework for the scope of practice for physician's assistants (PAs). The law significantly impacts them, physicians, and health care facilities, and the existence and content of practice agreements are critical.

On March 29, 2017, a new Michigan telehealth law takes effect, which provides additional guidance on the delivery of health care services via telehealth or telemedicine, on which current law falls silent.

In this edition's Summary Report: the GOP releases a replacement to the Affordable Care Act (ACA), the DOL issues an FAB regarding its Fiduciary Rule, Treasury issues guidelines for employees reviewing 401(k) hardship distributions, the Eighth Circuit Court of Appeals holds that a state law that regulates PBMs was preempted by ERISA, and what to do when a plan year ends on a weekend.

On February 14, 2017, SEIU International President Mary Kay Henry placed SEIU Healthcare Michigan into emergency trusteeship based on reports of alleged “potential financial malpractice”.  Under the trusteeship, all Local Union officers, executive board members, and trust fund representatives were automatically removed from office.  Local Union leadership is without authority to act on behalf of the local.

The recent Michigan Court of Appeals decision in Goldfish Swim School v Aqua Tots highlights the challenges employers face when enforcing non-compete agreements. The case is a timely reminder that employers should give careful consideration as to which categories of employees they will require to sign a non-compete agreement.

Tracy Wink was a "highly valued" clerical employee at Miller Compressing Company. She requested — and was granted — intermittent FMLA leave to take her autistic two-year-old son to medical appointments and therapy. When the company started experiencing serious financial difficulties, it immediately canceled all telecommuting arrangements, including Wink's FMLA leave.

The Whistleblower Protection Act (WPA) protects employees against adverse employment actions in retaliation for reporting a violation or suspected violation of law, regulation or rule to a public body. Officer Kevin Smith's whistleblower case has been pending for more than three years and has been to the Michigan Supreme Court twice.

With a federal court's injunction enjoining the DOL from implementing new overtime rules for exempt employees that were set to take effect on Dec. 1, 2016, employers should take the following steps to reduce risk of overtime liability.

On November 22, a Texas Federal District Court granted a nationwide injunction blocking the new DOL rule designed to increase the minimum weekly salary requirement for exempt employees to $913.

On Nov. 16, 2016, a federal judge in Texas permanently enjoined the DOL from enforcing its Persuader Rule, which would have expanded reporting obligations for employers that enter into agreements with attorneys, consultants, or advisors that provide labor and employment law services.

On Sept. 28, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule revising requirements that long-term care facilities must meet to participate in Medicare and Medicaid programs. These requirements are extensive and some take effect this Nov. 28, 2016, while others can be phased in over a few years. Facilities should begin taking implementation steps immediately.

Effective at the beginning of 2016, hospitals and physician organizations have a new Stark law exception: “timeshare” arrangements, where a visiting physician pays for the right to use office space on a periodic basis. The exception protects, however, only those arrangements that grant a right or permission to use the premises, equipment, personnel, etc., of another person or entity without establishing a possessory leasehold interest.

Bodman's Workplace Law Practice reminds everyone that, effective Jan. 1, 2016, the Michigan minimum wage rate is now $8.50 per hour.

On June 9, 2015, OIG issued a fraud alert regarding physician compensation. The alert stated that OIG had recently reached settlements with 12 physicians who entered into questionable medical directorship or other arrangements. Care must be taken to ensure arrangements are proper.

The United States Supreme Court ruled that federal administrative agencies which enforce federal law are not required to provide advance notice or opportunity for comment before changing their existing interpretation of the law. Perez v Mortgage Bankers Association (March 6,…

Technological advances have made telemedicine a more viable service model for certain clinical interactions.  Telemedicine can reduce costs, improve health care access in rural areas, and address systemic gaps in emergency and other services. 

Employees with a valid medical marijuana card under the Michigan Medical Marihuana Act (MMMA) discharged for testing marijuana positive are not disqualified from receiving unemployment benefits under the Michigan Employment Security Act (MESA), so says the Michigan Court of Appeals…

On September 1, 2014, the minimum hourly wage rate for https://www.bodmanlaw.com employers increases to $8.15 per hour for non-tipped employees. The minimum hourly wage rate for tipped employees increases to $3.10 per hour. The increase applies to all https://www.bodmanlaw.com employers…

The Physician Payments Sunshine Act (part of the Affordable Care Act) requires manufacturers of covered drugs, devices, biologicals, and medical supplies to report payments or other transfers of value they make to physicians and teaching hospitals.  One of the goals…

On May 27, 2014, Gov. Rick Snyder signed new legislation increasing Michigan’s minimum wage.  Under the new law, the current $7.40 minimum wage will incrementally increase to $9.25 by 2018, with the following jumps: $8.15 on September 1, $8.50 on…

When addressing workplace harassment, employers typically concentrate on protecting employees from harassment by co-workers or supervisors.  A recent appellate decision from the Fourth Circuit Court of Appeals may make employers liable for harassment by non-employees. In Freeman v Dal-Tile Corporation, a female…

Benjamin Franklin once said that there are only two things certain in life: death and taxes. On Monday, the U.S. Supreme Court in United States v. Quality Stores, Inc., proved the certainty of taxes.  In a unanimous decision, the Supreme…

With the National Labor Relations Board (NLRB or Board) at full membership and controlled by pro-union appointees, the office of the General Counsel to the NLRB has prepared a “hit list” of anti-employer initiatives to bring before the NLRB for…

The National Labor Relations Board (“Board” or “NLRB”), driven by pro-union appointees, has again proposed “quickie election” rules to help unions organize non-union employers. These rules would dramatically speed up union representation elections. The speed up is accomplished by eliminating…

NLRB quickie elections, designed to move union petitions to election in as little as 10 days, will take effect April 30, 2012. Unions are excited and will use the speed up process to organize targeted employers. Health Care employers should…