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PROJECT COPE: COALITION ON PATIENT EMPOWERMENT
Empowering Health Care With Teamwork, Knowledge & Common Sense
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by Cynthia Marcotte StamerAugust 19, 202109:56August 19, 2021

Patient’s CAN Do

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Patient’s CAN Do

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Cynthia Marcotte Stamer

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Management attorney and operations consultant Cynthia Marcotte Stamer uses a client objective oriented approach to help businesses, governments, associations and their leaders manage people, performance, risk, legislative and regulatory affairs, data, and other essential elements of their operations.

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Recent Posts:

Hidden Personal Relationships Can Become Costly Business Risks: Lessons for Employers from Recent Federal Bankruptcy Proceedings

Hidden Personal Relationships Can Become Costly Business Risks: Lessons for Employers from Recent Federal Bankruptcy Proceedings

Hidden Personal Relationships Can Become Costly Business Risks: Lessons for Employers from Recent Federal Bankruptcy Proceedings

What EEOC Scrapping Of Long-Standing Affirmative Action Guidance Means for Employers

What EEOC Scrapping Of Long-Standing Affirmative Action Guidance Means for Employers

What EEOC Scrapping Of Long-Standing Affirmative Action Guidance Means for Employersl

Group Health Plans Face Added Duties, Tighter Requirements Under Newly Finalized Federal No Surprises Act IDR Operations RuleEven As Many Plans Face Added Costs and Liabilities For Bungled Handling of Existing Duties

Group Health Plans Face Added Duties, Tighter Requirements Under Newly Finalized Federal No Surprises Act IDR Operations RuleEven As Many Plans Face Added Costs and Liabilities For Bungled Handling of Existing Duties

Group Health Plans Face Added Duties, Tighter Requirements Under Newly Finalized Federal No Surprises Act IDR Operations RuleEven As Many Plans Face Added Costs and Liabilities For Bungled Handling of Existing Duties

Supreme Court Leaves Ninth Circuit COVID-19 Vaccine Mandate Ruling in Place: What Curtis v. Inslee Means for Employers

Supreme Court Leaves Ninth Circuit COVID-19 Vaccine Mandate Ruling in Place: What Curtis v. Inslee Means for Employers

Used or using vaccine mandates? Here’s what you need to know after the Supreme Court left the Ninth Circuit COVID-19 Vaccine Mandate Ruling in Place:

Equity-Based Compensation Overtime Risks: Employers Should Review FLSA Regular-Rate Practices

Practical guidance for employers using equity compensation in nonexempt workforces. Employers that grant restricted stock units or other equity compensation (RSUs) or other incentive compensation to non-exempt employees should keep an eye on emerging wage-and-hour litigation where employees argue employers must include the value of RSUs when calculating overtime pay. Employers that pay nonexempt employees […]

Equity-Based Compensation Jeopardy: Employers Should Review FLSA Regular-Rate Practices

Equity-Based Compensation Jeopardy: Employers Should Review FLSA Regular-Rate Practices

Manage FLSA equity-based compensation and other bonus risks

OCR Restructuring To Strengthen Rights of Conscience and Religious Freedom Rights Oversight and Enforcement

OCR Restructuring To Strengthen Rights of Conscience and Religious Freedom Rights Oversight and Enforcement

Health care providers, Exchange and Medicare and Medicaid Advantage health plans, and other HHS entities should heed the May 18, 2026, U.S. Department of Health and Human Services (HHS) announcement of its reorganization of its Office for Civil Rights (OCR) as a strong signal of HHS’ continued heightened prioritization of enforcement of conscience and religious freedom rights under the Trump Administration’s policies.

New California SB 497 90-day Retaliation Presumption Highlights Risk Employers Everywhere Face When Performance Issues Appear Only After Protected Activity

New California SB 497 90-day Retaliation Presumption Highlights Risk Employers Everywhere Face When Performance Issues Appear Only After Protected Activity

California’s 90-day presumption makes covered retaliation claims easier for California employees to frame, but it does not create the underlying problem. Employers that want to preserve defensible discipline should build the record before conflict arises, apply standards consistently, and require careful HR and legal review before taking adverse action close in time to protected conduct.

$17M IBM Settlement Adds DOJ False Claims Act Liability To Risks For Using DEI Practices

$17M IBM Settlement Adds DOJ False Claims Act Liability To Risks For Using DEI Practices

$17 million IBM False Claims Act settlement confirms Justice Department pursuing federal contractors and grant recipients for using DEI practices.

Managing Evidentiary Consequences Of AI Use

Managing Evidentiary Consequences Of AI Use

HR and other business leaders and their organizations must recognize and manage evidence risks and responsibilities of using AI tools and materials.

Recent Updates:

National Elder Abuse Awareness Month: Recognizing the Signs and Understanding the Duty to Report

National Elder Abuse Awareness Month: Recognizing the Signs and Understanding the Duty to Report

National Elder Abuse Awareness Month: Recognizing the Signs and Understanding the Duty to Report

OCR Restructuring To Strengthen New HHS-OCR Enforcement Emphasis on Conscience and Religious Freedom Rights

OCR Restructuring To Strengthen New HHS-OCR Enforcement Emphasis on Conscience and Religious Freedom Rights

Health care providers, Health Insurance Exchange and Medicare and Medicaid Advantage health plans, and other HHS funded or regulated entities should heed the May 18, 2026, U.S. Department of Health and Human Services (HHS) announcement of its reorganization of its Office for Civil Rights (OCR) as a strong signal of HHS’ continued heightened prioritization of enforcement of conscience and religious freedom rights under the Trump Administration’s policies. As compliance with federal conscience and religious freedom rights is among the terms of participation, HHS funding recipients must comply with to qualify for program participation, these and other HHS program recipients should ensure their policies and practices meet current HHS standards, withstand potential program disqualification, False Claims Act liability and other rights that noncompliance with these obligations could create in the event of a complaint or audit. Additionally, recent guidance and the new HHS enforcement priorities also increase risks that organizations could face religious discrimination or other litigation by private litigants claiming to be victims of religious discrimination in violation of the First Amendment of the United States Constitution or other federally protected rights.

What Supreme Court Leaving 9th Circuit COVID-19 Vaccine Mandate Ruling in Place: Curtis v. Inslee Means for Health Industry Employers

What Supreme Court Leaving 9th Circuit COVID-19 Vaccine Mandate Ruling in Place:  Curtis v. Inslee Means for Health Industry Employers

What SCOTUS’ cert denial for 9th Circuit COVID-19 Vaccine Mandate Ruling means and does not mean for Health Industry Employers

Departments Finalize Federal No Surprises Act IDR Operations Rule: What Payers, Plans, and Providers Need to Know

Departments Finalize Federal No Surprises Act IDR Operations Rule: What Payers, Plans, and Providers Need to Know

Final NSA out-of-network independent dispute resolution rules require prompt action by health care providers, employer and union health plans, and health insurers!

CMS Imposes Nationwide Enrollment Moratoria on Hospices and Home Health Agencies; Issues New Medicaid State Directed Payment Limits

CMS Imposes Nationwide Enrollment Moratoria on Hospices and Home Health Agencies; Issues New Medicaid State Directed Payment Limits

Hospices and home health agencies, referring providers, states, and patients and their caregivers should prepare to cope with the likely impacts of a new Medicare program enrollment moratorium on new hospice and home health agencies and changes in Medicare and Medicaid reimbursement rules announced last week as part of a new federal antifraud initiative.
While existing providers are exempt from the moratorium, they are targeted for the heightened oversight and enforcement against fraudulent, hospice and home health practices. All providers should verify the defensibility of their current impressed, billings and related practices taking into account recent and emerging standards revealed by these enforcement and audit initiatives.

Best Physician Practices to Reduce Liability in Telemedicine Care

Best Physician Practices to Reduce Liability in Telemedicine Care

While proper telemedicine care often benefits patients, providers and payers, physicians must recognize and manage the distinct liability risks telemedicine care can create for physicians, especially around diagnosis, privacy, documentation, billing, and fragmented follow-up.

HHS & Education Departments’ Trump Era Civil Rights Investigations Highlight Challenges Of Defending “Merit-Based” Decision Making Under “Merit-Based” Standard

The announcement of U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of Education (“ED”) of race discrimination investigations into Harvard University and the Harvard Law Review (“Harvard”) highlights the challenges of managing race and other discrimination risks that health care, education and other organizations continue to face under the Trump Administration’s […]

Feds Charge Texas Doctor with Illegally Distributing Millions of Opioid Pills

Pain management can be an essential element of patient care. However Federal charges against a Texas doctor announced this week remind physician and other prescribers warn of the perils of overprescribing and other breaches of legal and ethical standards when prescribing opiates or other controlled substances. An indictment unsealed April 2, 2026, in the Southern […]

13 States’ Face OCR Right of Conscience Investigations For Pro-Abortion Policies

Civil Rights (“OCR”) is taking action to protect healthcare providers, health, insurers, employer, and other health plans and their sponsors and others from being penalized for refusing to cover or pay for abortion by states or other entities covered by the rights of conscience rules of the Weldon Amendment.

GLP-1 Prescribers Warned Against Misleading Ads

GLP-1 Prescribers Warned Against Misleading Ads

The U.S. Food and Drug Administration is warning telehealth companies against making false or misleading claims about compounded GLP-1 products offered on their websites.  On March 3, 2016, the FDA announced its issuance of 30 warning letters to compound GLP-1 telemedicine providers. These warning letters dated February 20, 2026 and posted March 3, 2026, in […]

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