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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:

11th Circuit Ruling Shows Schools & Other Employers Must Carefully Vet Applicants & Employees With Sexual Misconduct History

A new Eleventh Circuit ruling provides an important reminder to schools and other educational, childcare, hospitals and other health care and other organizations to carefully investigate sexual harassment, assault or other sexual misconduct reduction flags involving an applicant or employee. The decision under Title IX of the Civil Rights Act in Jane Doe II v. […]

IRC Section 45S Paid Family Leave Tax Credit: What Small Employers Must Do Under IRS Notice 2026-28

IRC Section 45S Paid Family Leave Tax Credit: What Small Employers Must Do Under IRS Notice 2026-28

Employers with fewer than 25 employees interested in qualifying for the paid family and medical leave (“PFML”) under Internal Revenue Code Section 45S have work to do to respond to (“IRS”) guidance in Notice 2026-28 (the “Notice”).

Invitation: Employee Benefit Plan Sponsors & Benefit Plan Fiduciaries Invited To Complimentary August 26, 2026 Live Employee Benefit Plan Sponsor & Fiduciary Jedi Training

A special event exclusively for employer sponsors of employee benefit plans and their officers, directors, and human resources, employee benefits, finance, legal and other employees serving as fiduciaries or with other employee benefit plan management, oversight, financing or other responsibilities for the sponsoring employer. REGISTER NOW THE BRIEFING MISSION Four expert-led sessions. One battle plan […]

What Employers & Plan Fiduciaries Must Know About Recent DEA Marijuana Rescheduling Orders and Hearings Considering Broader Marijuana Rescheduling

The DEA recently rescheduled some marijuana uses and is considering other marijuana changes. Here’s what employers & benefit plan fiduciaries and insurers need to know and do.

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

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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