Court allows Idaho to generally enforce ban on gender-transition care for minors

Court allows Idaho to generally enforce ban on gender-transition care for minors

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The Supreme Court on Monday cleared the way for Idaho to temporarily enforce a state law criminalizing gender-transition care for minors against anyone who is not part of a lawsuit currently challenging that ban. In a brief order, the justices granted the state’s request to limit the scope of an earlier order entered by a federal district court in Idaho, which had barred the state from enforcing the law at all while a challenge to its constitutionality continues.

The … Read the rest

Important Changes to NY’s Health Care Proxy Law

As of November 2023, having a valid health care proxy became easier for New Yorkers. A health care proxy allows a competent adult to appoint an agent to make health care choices for them if they lose the ability to make those decisions for themselves. Two adults who are not appointed in the document must witness the signing of the health care proxy for it to be valid.[1]

The use of remote witnessing with audio-visual technology was permitted during the … Read the rest

Tribal self-governance at center of dispute over federal health care costs

Tribal self-governance at center of dispute over federal health care costs

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Indian Health Service is an agency within the Department of Health and Human Services that administers health care programs for Native American tribes. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. This week, we highlight petitions that … Read the rest

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs.  I have come to learn that there are unique wage hour issues and challenges in this industry and that many well-meaning employers, seeking to comply with the law, step on regulatory landmines and end up in trouble.

Well, buckle up.  The USDOL is stepping up its … Read the rest

Aging Parents’ Fear: Being Put In A Care Home Against Their Will

In our work at AgingParents.com, we often hear from adult children that the elder in their lives absolutely doesn’t want to be “put in a home”. By that they typically mean that they fear giving up their own living situation and being forced to go elsewhere for some form of care. They extract promises from their loved ones that they’ll never do that. There are times when family can’t take care of the aging parent at home and a living … Read the rest

Why the Dobbs decision won’t imperil pregnancy-related medical care

Why the <em>Dobbs</em> decision won’t imperil pregnancy-related medical care

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This article is part of a symposium on the court’s decision in Dobbs v. Jackson Women’s Health Organization.

Elizabeth R. Kirk is director of the Center for Law & the Human Person at the Columbus School of Law at the Catholic University of America. She is an associate scholar at Charlotte Lozier Institute. Dr. Ingrid Skop is an obstetrician-gynecologist and is senior fellow and director of medical affairs at Charlotte Lozier Institute.

Many are grappling with the legal … Read the rest

Justices field emergency requests on federal vaccine policies for workplaces, health care facilities

Justices field emergency requests on federal vaccine policies for workplaces, health care facilities

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As the COVID-19 pandemic enters its third year and the omicron variant causes a spike in cases, challenges to efforts by policymakers to respond to the pandemic continue to arrive at the Supreme Court.

On Friday night, within hours of a ruling by the U.S. Court of Appeals for the 6th Circuit that reinstated the Biden administration’s vaccine-or-test mandate for large employers, several of the plaintiffs challenging the rule came to the court, asking the justices to stay the … Read the rest