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Posts Tagged ‘Healthcare’

Fall 2013 Blog Topics

October 13th, 2013 No comments

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 The Widener Journal of Law, Economics and Race would like to announce our Fall 2013 Blogs

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Our blogs will feature the following four topics:

      1)  Racial Implications of Recent Supreme Court Decisions

2)  Immigration Reform

3)  Race and Healthcare

4)  Minimum Wage and the Economy

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New blog entries will be added every Monday. Thank you for supporting the Widener Journal of Law, Economics & Race!

OFCCP abandons their position in attempting to implement widespread Affirmative Action policies in the health care industry

November 5th, 2012 No comments

Blog Category: Affirmative Action

Written by: *Dan Baum

The Office of Federal Contract Compliance Programs (“OFFCP”) announced that they will rescind Directive 293. Directive 293 provides guidance in determining whether a health insurance provider falls under OFFCP’s jurisdiction. OFFCP jurisdiction is necessary to subject healthcare employers to Affirmative Action commands.

Prior to this, a ruling by OFFCP had announced for the first time that it has jurisdiction over healthcare providers enrolling in the Medicare advantage program and Medicare prescription drug programs (parts C and D).  Historically, the OFCCP has taken the position that participation in Medicare, TRICARE and Medicaid is a healthcare provider’s acceptance of financial assistance, not their acceptance of a government contract.  Healthcare organizations with 50 or more  employees that enter into employment contracts with the federal government are subject to affirmative action obligations under the Rehabilitation Act of 1973, and the amended Veteran’s Readjustment Assistance Act of 1974. The two acts require employers to ensure non-discrimination in their employment practices, and create written affirmative action plans to ensure compliance.

Because healthcare providers’ acceptance of Medicaid has traditionally been viewed as financial assistance, they were usually  outside of OFCCP’s jurisdiction.  However, in Florida Hospital of Orlando, an Administrative Law Judge (“ALJ”) stated that healthcare providers participating in TRICARE are government contractors, implicating that they would be subjected to Affirmative Action requirements.  However, the passage of the National Defense Authorization Act essentially reversed the findings of Florida Hospital and directive 293. In response, the OFCCP gave up their fight for obtaining jurisdiction by rescinding the directive.

For now healthcare providers will not be subjected to Affirmative Action requirements under the OFCCP, however, OFCCP stated in a webinar that they will be reviewing on a case-by-case basis  to determine whether Medicare (specifically parts C and D) providers will be subjected to OFCCP contract/subcontract jurisdiction.  Therefore providers must continue to monitor their sources of federal revenue to determine whether they are within OFCCP’s jurisdiction, and if so, ensure compliance with Affirmative Action regulations.

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*Dan Baum is currently a staff member on the Widener Journal of Law, Economics and Race. To learn more about Dan Baum, click here to view his page: Dan Baum
Sources:
Health Lawyers Weekly, Feb 18, 2011, Vol. IX Issue 7. OFCCP Clarifies When Healthcare Providers Must Comply with Affirmative Action, available at: http://www.hallrender.com/health_care_law/library/articles/753/Bumgarner_HLW_article1.pdf
Fulbright & Jaworski L.L.P., Publication, OFCCP Rescinds Directive Regarding Its Jurisdiction Over Health Care, available at: http://www.fulbright.com/index.cfm?DETAIL=yes&FUSEACTION=publications.detail&NEWPAGE=0&PUB_ID=5499&SITE_ID=494&pf=y
Smith, Gambrell & Russell, L.L.P., Publication, OFCCP Rescinds Medical Providers Directive 293, available at: http://www.sgrlaw.com/resources/client_alerts/1838/

The Widener Journal of Law, Economics & Race 2012 Fall Semester Blogs

October 28th, 2012 No comments

The Widener Journal of Law, Economics & Race would like to announce its 2012 Fall semester blogs.

This semester, the blogs will focus on four central topics:

1) Immigration, 2) Affirmative Action, 3) Race and Economics in the Media and 4) The Economics of Discrimination.

New blog entries will be added every week, up until finals so that we can keep the Widener Community informed about these important topics. The blogs can be accessed by clicking the blogs & posts link.

Thank you once again for all of your support.

 

Sara Horatius, Web & Technology Editor

Raynes McCarty Lecture Live Webcast

November 18th, 2009 No comments

Widener University School of Law is pleased to announce that Princeton University Professor Paul Starr will deliver the fifth-annual Raynes McCarty Distinguished Lecture in Health Law on Widener’s Delaware campus and at The Union League of Philadelphia, both on Thursday, Nov. 19.

The Live Webcast has expired

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Starr holds the Stuart Chair in Communications and Public Affairs at Princeton’s Woodrow Wilson School of Public and International Affairs. His lecture, “Health Care Reform: The Long View,” is expected to put the current political battle over health-care reform into historical perspective and explore the future of the health-care system.

Starr received the 1984 Pulitzer Prize for nonfiction and Bancroft Prize in American history for “The Social Transformation of American Medicine” and the 2005 Goldsmith Book Prize for “The Creation of the Media.”

He will first give the lecture during a luncheon event at The Union League of Philadelphia. The luncheon begins at noon and the lecture starts at 12:30 p.m. He will repeat the talk that day for the law school community at 4 p.m. in the Ruby R. Vale Moot Courtroom on the Delaware campus.

One substantive Delaware and Pennsylvania continuing legal education credit is available for attendance at either lecture. There is no cost to attend either event, including the luncheon, thanks to a generous gift from the Raynes McCarty law firm, based in Philadelphia. Raynes McCarty attorneys represent the catastrophically injured in the courts and the legislature. It is one of the country’s most philanthropic and civic-minded firms.

The Health Law Institute on Widener University School of Law’s Delaware campus is frequently ranked among the top-10 programs in the nation. Institute Director and Law Professor John G. Culhane said the Law School is proud to host Starr.

“We are delighted that Paul Starr will be our Raynes McCarty lecturer this year,” Culhane said. “He has a powerful command of the issues on health-care reform and, as someone even the White House has looked to for advice, should provide a thought-provoking hour of discussion. His remarks come at a time when health-care reform is at the height of our nation’s consciousness. Widener’s Health Law Institute is pleased to again present such a high-quality lecture on such a timely topic. I encourage the legal community and the Widener family to come out in force for this important event.”

Starr has written extensively on American society, politics, and domestic and foreign policy. He co-founded “The American Prospect” nearly 20 years ago with Robert Kuttner and Robert Reich. The liberal magazine about politics, policy and ideas is published monthly in print and online. His short book “The Logic of Health-Care Reform,” published in 1992 and reissued in a revised and expanded edition in 1994, laid out the case for a system of universal health insurance and managed competition. He served as a senior advisor at the White House during 1993, in the formulation of the Clinton health plan.

Attorneys interested in attending either lecture and receiving the continuing legal education credit may register by calling Karla Harris at 302-477-2704 or emailing kmharris@widener.edu. There is no fee but space is limited. Business attire is required.

****This article was written by the public relations department of the Widener University School of Law, and was found at the following Widener Law Website Page