Health care employment law was once again a critical focus for many legislative bodies in 2022. While much of our 2021 Year in Review focused on how states addressed the COVID-19 pandemic itself, most notably with respect to vaccine mandates, the theme of 2022 appeared to be states reacting to corollary issues raised by the pandemic. Many states, in response to both the perceptions and realities of how the health care industry approached the workers within it, have enacted new laws policies governing the wages, working conditions, and rights of health care workers. The federal government has also issued guidance pertaining to certain topics. This alert provides an overview of many of these new legal standards and provides suggestions for navigating them.

Federal Agencies Issue Joint Guidance Regarding Nondiscrimination in Telehealth

The U.S. Department of Health & Human Services’ Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division promulgated “Guidance on Nondiscrimination in Telehealth: Federal Protections to Ensure Accessibility to People with Disabilities and Limited English Proficiency.” The guidance explains circumstances in which individuals with disabilities and individuals with limited English proficiency may face barriers to accessing telehealth services, even if inadvertently. The guidance also provides examples of reasonable modifications health care providers can adopt, such as providing additional support to patients before,...

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