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COVID-19 from a legal perspective

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COVID-19 from a legal perspective

Written by: Jeffrey S. Baird, JD and Kelly T. Custer, JD

It is an understatement to say that what the country is experiencing is unprecedented, and there is no playbook on how your agency, facility, or organization should respond. A clinical response is only a piece of the puzzle. To create a safe environment for patients and staff, employees must also consider employment laws.

The law is frantically trying to catch up with the rapidly changing events, and often the information we have in the morning is not the same by the end of the week, or even by the end of the day. The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has provided ongoing guidance on federal employment laws that address COVID-19; specifically, the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act.

In this eBook, Jeffrey S. Baird, JD, and Kelly T. Custer, JD breakdown complicated and lengthy employment legislation, and answer frequently asked questions that address patient and staff safety. The guidance provided in this eBook is intended to help providers navigate challenging areas of the crisis outside of day-to-day clinical affairs.

Read the eBook for timely guidance on:

  • Recent federal employment laws addressing COVID-19
  • Actions providers should take if an employee exhibits COVID-19 symptom
  • Actions providers should take if a person within their care exhibits COVID-19 symptoms

This article does not constitute legal advice. This article was prepared on a specific date. The law may have changed since this article was written. Before acting on the issues discussed in this article, it is important the reader obtains advice from a health care attorney.

The views, information, and guidance in this resource are provided by the author and do not necessarily reflect those of WellSky. The content provided herein is intended for informational purposes only. The information may be incomplete, and WellSky undertakes no duty to update the information. It is shared with the understanding that WellSky is not rendering medical, legal, financial, accounting, or other professional advice. WellSky disclaims any and all liability to all third parties arising out of or related to this content. WellSky does not make any guarantees or warranties concerning the information contained in this resource. If expert assistance is required, please seek the services of an experienced, competent practitioner in the relevant field. WellSky resources are not substitutes for the official information sources on COVID-19. Providers should continue to track developments on official CMS and CDC pages, including:

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Recorded Oct 23, 2018

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Jeffrey S. Baird, JD

Chairman of the Health Care Group at Brown & Fortunato, PC


Jeffrey S. Baird, JD, is Chairman of the Health Care Group at Brown & Fortunato, PC, a law firm based in Amarillo, Texas. He represents pharmacies, infusion companies, HME companies and other health care providers throughout the United States. Mr. Baird is Board Certified in Health Law by the Texas Board of Legal Specialization.

Amy Sudduth Head shot.jpg

Kelly T. Custer, JD

Attorney with the Health Care Group at Brown & Fortunato, PC


Kelly T. Custer, JD, is an attorney with the Health Care Group at Brown & Fortunato, PC, a law firm based in Amarillo, Texas. He represents pharmacies, infusion companies, HME companies and other health care providers throughout the United States.

Presenter

Presenter: Jill Dyer, BSN, RN, HCS-D, HCS-O

People who choose a life of caring — and the organizations and communities they serve — deserve a special kind of support. So we help them to care smarter. Liberating them to focus on the people they serve. Providing solutions that make work flow, integrate insights, and update effortlessly.

Presenter

Presenter: Jill Dyer, BSN, RN, HCS-D, HCS-O

People who choose a life of caring — and the organizations and communities they serve — deserve a special kind of support. So we help them to care smarter. Liberating them to focus on the people they serve. Providing solutions that make work flow, integrate insights, and update effortlessly.

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About WellSky

WellSky is a technology company advancing human wellness worldwide. Our software and professional services address the continuum of health and social care — helping businesses, organizations, and communities solve tough challenges, improve collaboration for growth, and achieve better outcomes through predictive insights. People who choose a life of caring — and the organizations and communities they serve — deserve a special kind of support. So we help them to care smarter. Liberating them to focus on the people they serve. Providing solutions that make work flow, integrate insights, and update effortlessly. So they're able to anticipate — and exponentially increase — the impact of care. Informed by more than 30 years of providing software and expertise, our purpose is to empower care heroes with technology for good, so that together, we can realize care’s potential and maintain a healthy, flourishing world.


About WellSky

People who choose a life of caring — and the organizations and communities they serve — deserve a special kind of support. So we help them to care smarter. Liberating them to focus on the people they serve. Providing solutions that make work flow, integrate insights, and update effortlessly. So they're able to anticipate — and exponentially increase — the impact of care.

People who choose a life of caring — and the organizations and communities they serve — deserve a special kind of support. So we help them to care smarter. Liberating them to focus on the people they serve. Providing solutions that make work flow, integrate insights, and update effortlessly. So they're able to anticipate — and exponentially increase — the impact of care.