Dental and Medical Counsel Blog

ADA Ruling Against Hospital: High Cost Does Not Qualify As “Undue Hardship”

By Ali Oromchian Esq

In this 2017 case study, Johns Hopkins Hospital had been issued a tough blow: In Searls v. Johns Hopkins Hospital, a deaf nurse accepted a job offer from the hospital, and then informed them that she would need an American Sign Language (ASL) interpreter in order to perform her job functions. Johns Hopkins rescinded the offer, stating that there was no room within the department’s budget to make such an accommodation. Therefore, the hospital reasoned, they were under no obligation to provide the interpreter because the cost for the interpreter constituted an “undue hardship” and therefore was not required by the Americans with Disabilities Act (ADA). The nurse filed a discrimination suit, and the court found against Johns...

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Posted on 12/04/2019 at 09:38 AM

6 Tips on What to Do Upon Receiving a Demand Letter

By Ali Oromchian Esq

Have you ever received a letter from a dental insurance company, dental board or a disgruntled employee asking for something or asking you to respond? Did you know what to do? These letters can be intimidating and can create fear of litigation.

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Posted on 11/20/2019 at 10:47 AM

Understanding Dental Insurance Audits (How a Dental Attorney Can Help)

By Ali Oromchian Esq

Hearing the word dental insurance audit and your practice's name in the same sentence is not warmly welcomed. At some point or another, you may find your dental practice the focus of an audit. Preparation is your primary weapon against audits. This is your guide to understanding dental audits, how you can prepare for them, what to do if you receive an audit letter, utilizing the services of a reputable dental attorney, and how to prevent receiving one in the first place!

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Posted on 10/02/2019 at 08:39 AM

Case Shows ADA Noncompliance Can Cost You

By Ali Oromchian Esq

As every good employer knows, the Americans with Disabilities Act prevents companies from discriminating against employees and applicants based upon their disabilities. But as a case demonstrates, repeated and/or company-wide failures to follow the ADA’s guidelines, including those which were part of the ADA Amendments Act passed a few years ago, can cost employers big money.

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Posted on 09/04/2019 at 10:58 AM

Beware of Scammers: Corporate Compliance and Trademark Registration Requirements

By Ali Oromchian Esq

When we think of scam artists, we usually think of them in terms of embezzlement but there are other forms of scam artists that are prevalent in the dental and medical world.  Two forms of scams have been brought to our attention by our clients nationwide so we will summarize them here so you don’t fall victim.

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Posted on 08/21/2019 at 10:00 AM

Employee Discipline: Always Ensure You Have Documented Justification

By Ali Oromchian Esq

When you discover a problem with an employee, the knee-jerk reaction is to remedy the problem quickly, either via disciplinary action or perhaps even termination. But on-the-spot discipline can have its own unintended consequences, including allegations of improper termination. Worse yet, a disciplined or terminated employee could make allegations of discrimination or harassment which could leave your practice tied up in a labor dispute for months or even years.

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Posted on 06/26/2019 at 12:47 PM

Family and Medical Leave Act (FMLA) Compliance Investigations: How to Protect Your Practice

By Ali Oromchian Esq

It used to be that the U.S. Department of Labor was so preoccupied with investigating wage and hour complaints that Family and Medical Leave Act (FMLA) complaints often went ignored. But a newfound dedication to addressing FMLA issues has resulted in a number of companies being investigated for failure to comply with FMLA regulations.

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Posted on 06/19/2019 at 10:44 AM

Case Summary: Gender Discrimination Costs Healthcare Firm $125K

By Ali Oromchian Esq

Today’s lesson on what not to do comes from a case filed against a healthcare firm by the Equal Employment Opportunity Commission, details for which can be found in the the EEOC's announcement of a settlement against Maryland-based Dimensions Healthcare System. 

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Posted on 06/12/2019 at 12:14 PM

When it Comes to Termination Decisions, Avoid Rationalizing

By Ali Oromchian Esq

Terminations are one of the most difficult parts of being in management. As a result, most business owners and HR directors will do everything possible to try to avoid them. This includes trying to rationalize the employee’s behavior so as to delay, or cancel entirely, the termination decision. Here are some of the most common rationalizations that you, or your managers, may be tempted to use, as well as reasons why this thinking does not benefit your practice:

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Posted on 06/05/2019 at 09:58 AM

Why You Should Always Memorialize Your Business Agreements in Dental Contracts

By Ali Oromchian Esq

Framed in the simplest terms possible, legal disputes are expensive. They waste valuable time and money, and can cause a wealth of other issues along the way. The best way to stop this problem is to try and completely avoid disputes and work to minimize risks. By memorializing your dental practice’s business agreements in contract, you can limit the possible amounts of mitigation you will need to do later. You can even avoid trials by including binding language regarding mediation and arbitration. Overall, making sure that your contract language is both clear and detailed is the first step towards successfully memorializing your business agreements.

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Posted on 05/15/2019 at 10:45 AM

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