This article appeared in Lawyers Journal in December 2017. The comparison of MassHealth’s reimbursement rates with those of online providers is no longer accurate, as MassHealth changed its reimbursement regime after the article was submitted, but the point is still...
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The misuse of summary suspension
This article first appeared in the Lawyers Journal of the Mass. Bar Association Read the original article at: massbar.org By Joel Rosen November/December 2016 A professional license is a property right; it can’t be taken away without due process.1 This usually means a...
EEOC Sues Massachusetts Medical Center Over Its Mandatory Flu Vaccination Policy
A Massachusetts hospital discriminated against a Christian human resources employee who declined a flu shot for religious reasons and who raised concerns about the alternative of wearing a face mask at work, the EEOC alleges in a novel lawsuit (EEOC v. Baystate Med....
A Landmark Defense Of A Dentist’s License
Here’s a story that appeared in Massachusetts Lawyers weekly about a case that changed the way the Board of Registration in Dentistry does business. The main holding was that the Board cannot enforce OSHA regulations. But we also argued that the Board’s regulations...
Can An Employer Force Workers To Get Flu Shots?
Here’s a story Joel wrote for Massachusetts Lawyers Weekly. We argue that there are situations in which employers can and should require healthcare providers to be vaccinated for the flu in order to protect patients. If you are thinking of implementing such a policy,...
Burden Upped for Temp Suspension of Doctors
Here’s a story that appeared in Massachusetts Lawyers Weekly about the case that has changed the standard for summary suspensions. The case concerns the Board of Registration in Medicine, but it will affect the dental, nursing, and other state licensing boards. A...
Dental Board To Start Random CEU Audits
The Board of Registration in Dentistry is going to start doing random audits to make sure dentists and hygienists have met their continuing education requirements (“CEUs). In the past, the only way the Board knew if someone was up to date on their CEUs was if there...
The Dental Board’s First Look at Your Case
Here’s an article Joel wrote for the Journal of the Massachusetts Dental Society in the summer of 2014. Since then, the Board has decided to schedule cases in advance, and you’re told where your case will fall in the order. But otherwise this is a fair summary of what...