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Offices of David H. Greenberg California Family Rights Act
The following is from an information sheet distributed
by the California Department of Fair Employment and Housing
Sections 12945.1 and 12945.2 of the Fair Employment
and Housing Act (FEHA) contain provisions relating to family care
and medical leave entitlement The Fair Employment and Housing Commission's
(FEHC) interpretation of these provisions is contained in Section
7297.0 of the California Code of regulations.
In addition to the family care and medical leave requirements of
the FEHA, employers of five or more persons have additional obligations
pertaining to pregnancy ability leave.
The federal Family and Medical Leave Act (FMLA) also ensures family
care or medical care leave entitlement (29 USC § 2601 et seq.
Implementing regulations are contained in 29 CFR Part 825). The
FMLA is enforced by the Wage and Hour Division of the US Department
of Labor. The CFRA and pregnancy disability leave provisions of
state law are enforced by the Department of Fair Employment and
Housing (DFEH). Where differences between federal and state law
exist, employers should comply with those provisions that are most
beneficial to the employee. " More info on the Family and Medical
Act
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2001-04—State Medicaid Eligibility Cutbacks &
Exclusions-Proposed & Recently-Enacted |
During 2001-2004, many states lowered income eligibility levels,
raised copays and premiums, frozen new enrollments or adopted
other red tape barriers to coverage for the State Children's Health
Insurance (S-CHIP) program. In fact, AL, CO, FL, MD, MA, MT,
TX, UT and other states at least temporarily froze new CHIP
enrollments and CA’s Governor once suggested doing so too.
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A
guidebook for Resettlement Agencies Serving Refugees with
HIV/AIDS
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The
purpose of this publication is to assist resettlement agencies
in preparing for and providing care to refugees who are living
with HIV/AIDS
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69 kb pdf
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AIDS TESTING AND MEDICAL INFORMATION Legal Issues- Connecticut |
The
Connecticut General Assembly established protections regarding
the confidentiality of individuals with HIV infection or AIDS
in 1989. Below is the current language, which was updated in
1997 and again in 1999. |
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AN
ACT Relating to hepatitis C-Wash. State
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Our
introduction to the legislative process began in April 2001.
I began with the introduction of the Hepatitis C Virus and its
prevalence in the State of Washington and our country.
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Atlantic city-Needle exchange
program |
a proposal to implement the state's first needle-exchange
program, |
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Bioterrorism-Coordination
& Preparedness Report.
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GAO report before subcommittee
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1,229 kb pdf
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CHEMICAL,
BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES
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securing
the people, infrastructures, property, resources, and systems
in the United States from acts of terrorism involving
chemical, biological, radiological, or nuclear weapons or
other emerging threats
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Childhood-Disability Evaluation Under Social Security-2003 |
The sections provide medical criteria for the evaluation
of impairment of children under 18
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502 kb pdf |
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Confidentiality / Law Related for Montana |
Confidentiality of health care information. Health care
information in the possession of the department, a local
board, a local health officer, or their authorized
representatives may not be released except: |
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Court Holds Hospital Has Duty to Warn a Third Party |
In a case
that greatly extends the duty of health care professionals to
take affirmative action to protect a third party with whom the
facility or professional has not had contact, the Corpus
Christi Court of Appeals recently held that: |
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Court
Order for HIV testing.
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Form
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35 kb pdf
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EMTALA:
A general guide for the physician assistant |
Advocacy groups for patients' rights are becoming more
prominent and vocal in the United States. Some consumer groups
have begun to publish information on the Internet about the EMTALA
compliance of physicians and hospitals. One Web site, for example,
lists 527 confirmed EMTALA violations at hospitals between 1997
and 2001 and notes that one in five US hospitals has been cited for
EMTALA violations since 1988. Some hospitals are now beginning
to distribute patient rights brochures, which detail what each patient
should expect when visiting the hospital. The distribution of these
brochures appears to be a response to growing emphasis on patient
rights and the dissemination of EMTALA information and increased
EMTALA violation assessments.
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EMTALA: The Basic Requirements, Recent Court Interpretations,
and More HCFA Regulations to Come |
In 1994 the Health Care Financing Administration (HCFA) issued
interim final regulations to implement EMTALA (42 CFR 489). Yet, due
to federal Paperwork Reduction Act "technicalities," the regulations
were not enforced until September 1995. Over the succeeding years,
the regulations have been amended to add additional requirements for
hospitals and physicians. Also, included in this report are several
court cases and their resolutions
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EMTALA-complete regulations from the Department of Health and
Human Services |
Medicare Program—Clarifying policies related to the responsibilities of
Medicare-participating hospitals in treating individuals with Emergency
Medical Conditions
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pdf |
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EMTALA-Implementations
and Enforcement Issues—a GAO report |
EMTALA requires hospitals that participate in Medicare to provide a
medical screening examination to any person who comes to the
emergency department, regardless of the individual’s ability to pay.
If a hospital determines that the person has an emergency medical
condition, it must provide treatment to stabilize the condition or provide
for an appropriate transfer to another facility.
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pdf |
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EMTALA-State
Operations Manual |
Interpretive guidelines, responsibilities of Medicare participating
hospitals in emergency cases
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pdf |
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Federal Appeals Court Rules In Landmark Case That Health
Care Workers Cannot Refuse To Treat People With HIV |
"This
ruling is an important victory for men, women and children
everywhere who face discrimination because of their HIV
status," said Bennett H. Klein, director of the AIDS Law
Project for Gay & Lesbian Advocates & Defenders (GLAD) in
Boston, which represented the plaintiff in the case along
with David G. Webbert, Esq. of Augusta, Maine. Added Klein,
"this victory is the first appellate decision in the country
to reject the argument that a doctor can refuse to treat a
patient with HIV or AIDS because of the irrational fear of
transmission of HIV from a patient to a doctor or other
patients. The Court sent a clear signal to doctors and
dentists that discrimination against the nearly one million
Americans living with HIV will not be tolerated and is
scientifically unjustified." |
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FMLA |
Frequently
asked Questions and Answers |
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Health Care Assurance Act of 2001
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Act that
was submitted to Congress
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Health Insurance Portability and Accountability Act (HIPAA)
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The Health
Insurance Portability and Accountability Act (HIPAA) of 1996
was signed by President Clinton August 21, 1996 as Public Law
104-191. Included in the law is a separate section intended to
reduce the administrative costs of health care
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Health
Officials Push Stronger Quarantine Law |
Colorado's
chief medical officer is promoting a stronger
quarantine law for infectious diseases and bioterrorism. |
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HIV and AIDS Related Information-New York |
Listing of
statues concerning HIV/AIDS for the State of New York |
105 kb pdf |
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HIV/AIDS Testing, Reporting
and Confidentiality of HIV-Related Information New York State |
"Confidential HIV-related information" means any
information, in the possession of a person who provides health
or social services or who obtains the information pursuant to
a release of confidential HIV-related information, concerning
whether an individual has been the subject of an HIV-related
test, or has HIV infection, HIV-related illness or AIDS, or
information which identifies or reasonably could identify an
individual as having one or more of such conditions, including
information pertaining to such individual's contacts. |
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House Bill H.R.
3539 |
A bill to
amend the Public Health Service Act to direct the Secretary of
Health and Human Services to establish, promote, and support a
comprehensive prevention, research, and medical management
referral program for hepatitis C virus infection |
pdf |
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How to Comply with the Americans with Disabilities Act: A
Guide for Restaurants and Other Food Service Employers |
The Americans with Disabilities Act (ADA) is a federal civil
rights law that applies to people with disabilities and
protects them from discrimination. The Equal Employment
Opportunity Commission (EEOC), a Federal government agency,
enforces the sections of the ADA that prohibit employment
discrimination. This Guide explains these ADA employment rules
for the food service industry. |
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HUD-Homeless Management Information Systems
(Large file-please allow extra time for download) |
This
program requires organizations providing services to the
homeless to collect certain data and report that data to HUD
for use in a federal database. Although the exact terms of
use of the database vary by region, at a minimum the data will
be accessible to other service providers within the same
region. The stated purposes of the program include allowing
HUD to get an unduplicated count of homeless persons and to
encourage coordination among different providers. The
collection of this information, however, poses some very
serious privacy concerns. Particularly troubling is that
service providers are encouraged/required to report HIV
status, medical treatment, and mental health status (among
other information) in a format that does nothing to protect
the privacy of the individuals involved - their names, social
security numbers and other identifying information will also
be available in the database. Whether a person sought
treatment from an HIV-related care provider would also be
included in the database. While HUD has encouraged the use of
certain security protections for the data, we are also
concerned that the required protections do not appear to go
far enough to protect the confidentiality of this
information. |
1006 kb pdf |
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Job
Interview Questions that you can and Can't ask under ADA
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According
to the EEOC, you should never ask the following questions in a
job interview:
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Legislative Survey of State Confidentiality Laws, with
Specific Emphasis on HIV and Immunization |
The ways in which our modern medical and public health systems
collect, store, and use personally identifiable information have
increased both the potential benefits from access to such information
and the possible harms from improper uses and disclosures. The
report examines the importance of both the collection of health
information and the protection of its privacy
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Mandatory Reporting of Infectious Diseases by Clinicians |
Reporting
of cases of communicable disease is important in the planning
and evaluation of disease prevention and control programs, in
the assurance of appropriate medical therapy, and in the
detection of common-source outbreaks. In the United States,
the authority to require notification of cases of disease
resides in the respective state legislatures. We examined the
laws and regulations of health departments of all US
jurisdictions to ascertain diseases and conditions currently
required to be reported in each state or territory. We present
herein the state reporting requirements for infectious
diseases and infectious disease-related conditions. To obtain
additional information regarding time frames for reporting,
agencies to which reports are required, persons required to
report, and specific conditions under which reports are
required, the reader is referred to the statutes and health
department regulations of the respective states. |
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Missouri State Law regarding the reporting of Diseases |
The following diseases are reportable and must be communicated
to the health department within certain time frames. This list is
very extensive, and is broken down by the time allotted for
reporting the disease (depending on how serious or infectious
the diseases or conditions)
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Model State Public Health Privacy Act, with comments
(Large report-increased
down-load time)
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The
purpose of the Model State Public Health Privacy Act project
is to develop a model state law [hereinafter the
"Act"] addressing privacy and security issues
arising from the acquisition, use, disclosure, and storage of
identifiable health information by public health agencies at
the state and local levels. The Act regulates the acquisition,
use, disclosure, and storage of identifiable, health-related
information by public health agencies without significantly
limiting the ability of agencies to use such information for
legitimate public health purposes.
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852
kb pdf
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National
Surveillance System For Health Care Workers
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Needlestick
and other percutaneous injuries (PIs) pose the greatest risk
of occupational transmission of bloodborne viruses to
health-care workers (HCWs). The annual number of PIs sustained
by U.S. HCWs have been estimated using a variety of methods
and have ranged from 100,000-1,000,000.
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needle exchange-a matter of public health. |
So why is
the government playing politics with this ticking time bomb? |
24 kb pdf |
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Patriot Act
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Georgetown
University Law professor David Cole and the Center for
Democracy and Technology's James Dempsey published the first
edition of their work Terrorism and the Constitution:
Sacrificing Civil Liberties in the Name of National Security.
It detailed the enactment of the 1996
Antiterrorism and Effective Death Penalty Act- which, at the time, was famous not so much for its terrorism
provision, but rather for its draconian pro-death penalty and
anti-habeas corpus provisions.
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pdf
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Personnel-
Perpetually Infectious Diseases, Nebraska school system |
"Perpetually infectious diseases" are those diseases which are
carried throughout life by the infected person and have the potential
to be transmitted to other individuals and include but are not limited
to: AIDS, ARC, CMV (as defined below), Tuberculosis, Hepatitis,
and Herpes.
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REGRESSIVE HIV-AIDS LAW IN NORTH DAKOTA |
Making North Dakota the first state to confine people suspected
of having HIV, Governor Edward Schafer today signed a controversial
measure that gives judges the power to detain a person without a
hearing, and force that person to take a blood test for HIV.
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Release of Behavioral Health, Developmental Disabilities, HIV,
and Substance Abuse Information: Guidelines for Legal
Compliance |
Hospital,
physician practices, and other health care facilities are
repositories for much medical information. Safeguarding the
confidentiality of such information is a significant issue for
any hospital or other health care entity that keeps patient
medical records to maintain patient confidence and to avoid
liability. Because damages could ensue should inappropriate
disclosure occur, patient records containing behavioral
health, developmental disabilities, HIV, and substance abuse
information must be handled with special attention, in
accordance with state and federal laws, rules, and
regulations. Individuals involved in health information
management should be well-informed about patient
confidentiality requirements overall and should also track
these areas carefully to develop and implement appropriate
policies and procedures governing the release of patient
information |
50 kb pdf |
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Rules of the Illinois Department of Public Health |
HIV/AIDS
CONFIDENTIALITY AND TESTING CODE |
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Ryan
White Care Act-1990
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Federal
Law to assist those positive with HIV/AIDS
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143 kb pdf
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Ryan
White Care Act-2000
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Federal
Law to assist those positive with HIV/AIDS
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26 kb pdf
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Self-Incrimination, Partner Notification, and the Criminal
Law: Negatives for the CDC’s “Prevention for Positives”
Initiative |
On 18
April 2003, the Centers for Disease Control and Prevention (CDC)
announced a new HIV prevention initiative, “Prevention for
Positives,” which emphasizes partner-notification activities
for individuals who have already been diagnosed with HIV. The
CDC failed, however, to address significant criminal law
issues that are presented by this initiative. The proposed
partner notification activities involve patients’ voluntary
identification of contacts at risk for HIV transmission. But
because all states have laws that make it a crime to knowingly
expose another person to HIV, information provided by patients
for partner-notification purposes is in most cases evidence of
a crime. Little if any confidentiality protections prevent law
enforcement officials from obtaining test results, records of
counseling sessions, or similar information from the records
of health or social service providers. Prevention for
Positives thus exposes patients to an unacknowledged risk of
criminal prosecution, which may severely inhibit future
cooperation among those infected. |
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State
Emergency Health Powers
and the Bioterrorism Threat
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On April
26-27, 2001, the Centers for Disease Control and Prevention,
American Bar Association Standing Committee on Law and
National Security, and the National Strategy Forum cosponsored
a conference on "State Emergency Public Health Powers
& the Bioterrorism Threat."
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State Policy and Program Issues |
Listing of several US State Laws concerning infectious
diseases |
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Testimony
on Hepatitis C by David Satcher, M.D., Ph.D.
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Before the
House Committee on Government Reform and Oversight,
Subcommittee on Human Resources
March 5,1998
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The
Family and Medical Act
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Home
Discrimination Harassment Employment Legal Help Resources
Court Rulings Government Information Articles Law Offices of
David H. Greenberg California Family Rights Act
|
|
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The
Hepatitis C Epidemic Control and Prevention Act
|
To amend the
Public Health Service Act to establish, promote, and support a
comprehensive prevention, research, and medical management
referral program for hepatitis C virus infection, to include
the following:
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Utah-Communicable Disease Rule |
This rule outlines a multidisciplinary approach to communicable and
infectious disease control and emphasizes reporting, surveillance, isolation,
treatment and epidemiological investigation to identify and control preventable
causes of infectious diseases
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120 kb pdf |
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