Disabled Veteran Leave and Other Miscellaneous Changes. Final rule.

The Office of Personnel Management is issuing final regulations to implement the Wounded Warriors Federal Leave Act of 2015, which establishes a separate new leave category, to be known as "disabled veteran leave," available during a 12-month period beginning on the first day of employment to be used by an employee who is a veteran with a service-connected disability rated at 30 percent or more for purposes of undergoing medical treatment for such disability. We are also rescinding two obsolete leave-related regulations.

Employer needn't hold job open indefinitely. Henry v. United Bank, 686 F.3d 50 (1st Cir. 2012).

The employer did not violate FMLA when it terminated an employee shortly after the end of her FMLA leave.

Leveling the playing field for nursing students with disabilities: implications of the amendments to the Americans with Disabilities Act.

Faculty have reported a significant increase in the number of nursing students with disabilities; however, misinformation regarding legislated changes in the definition of a disability, as enacted in 2008 under the American with Disabilities Act Amendments Act, has contributed to faculty confusion when working with students with disabilities. This article identifies the circumstances under which nursing faculty are legally required to provide reasonable accommodations for students with disabilities, as defined under the Americans with Disabilities Act of 1990 as amended in 2008, and the strategies faculty may use to assist students to successfully complete core requirements. When this knowledge is integrated into a nursing program's culture and curriculum, students with sensory loss, paralysis, mental illness, learning disabilities, limb differences, chronic illnesses, or other disabilities associated with impaired bodily functions can successfully complete nursing programs and provide excellent care to clients, the profession, and their communities.

TRICARE; constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to Medicare Part A hospital insurance benefits. Final rule.

The Department is publishing this final rule to implement section 706 of the National Defense Authorization Act (NDAA) for Fiscal Year 2010, Public Law 111-84. Specifically, section 706 exempts TRICARE beneficiaries under the age of 65 who become disabled from the requirement to enroll in Medicare Part B for the retroactive months of entitlement to Medicare Part A in order to maintain TRICARE coverage. This statutory amendment and final rule only impact eligibility for the period in which the beneficiary's disability determination is pending before the Social Security Administration. Eligible beneficiaries are still required to enroll in Medicare Part B in order to maintain their TRICARE coverage for future months, but are considered to have coverage under the TRICARE program for the retroactive months of their entitlement to Medicare Part A. This final rule also amends the eligibility section of the TRICARE regulation to more clearly address reinstatement of TRICARE eligibility following a gap in coverage due to lack of enrollment in Medicare Part B.

Doctors with disabilities: licensed to practice?

Doctors deal with patient's disabilities every day but many in the profession have been nonplussed to see the focus of the disability rights lobbies shift from the recipients of care to the carers themselves. Until recently the number of practising doctors known to have significant disabilities was very low and for many reasons potential medical students were deterred from entering medical education. This piece would not even have been commissioned 14 years ago when the U.K. Disability Discrimination Act 1995 was passed. It is a measure of the change in society's view of disability, reinforced by law, that the issue of whether there are disabilities which, in themselves, render a doctor Unfit to practise can be analysed and discussed.

Knowledge about persons with disability act (1995) among health care professionals dealing with persons affected by disabilities.

To assess the level of awareness about the different provisions of the persons with Disability Act (1995) among the health care professionals, 201 health care professionals dealing with the disabled persons from different parts of India were interviewed using structured interview checklist. The data were analysed through statistical package of social sciences software. Chi-square test were applied on the variables and the Pvalues were ascertained. The results show that 48.3% knew about administration hierarchy, 53.7% of respondents were aware of the free education available for the disabled, 68.5% were aware of the employment scheme, 62.7% about poverty alleviation schemes, 59.2% know about the traveling benefits, 56.2% of professionals were aware of the benefits for people with low vision. Only 29.9% of respondents knew about provisions to overcome architectural barriers. 43.8% of them knew about the least disability percentage whereas only 28.4% were aware of research and manpower schemes. Regarding affirmative action, 32.17% told correctly and 52.7% of the professionals responded correctly with respectto non- discrimination schemes. The level of awareness among the professionals working in rural regions is lower with regard to administration hierarchy and poverty alleviation schemes. Informations regarding disabled friendly environments and research and manpower development were found to be low among respondents of all professions which need to be effectively intervened. Gender did not show any influence with respect to the components of the act. The study showed that there is an ample need for educational interventions among the health care professionals in all socio-demography. Inclusion of PWD Act in the curriculum of medical schools as a topic in conferences and workshops for health care professionals are suggested.

Disability law and health care education.

Health care education programs, regardless of the discipline, will face similar challenges and issues related to students with disabilities. These are likely to include issues related to admission, retention, and academic adjustments, auxiliary aids, and services. A review of the literature reveals limited information beyond medical and nursing education programs, although students with disabilities are enrolled in education programs in other health care disciplines. Recent research indicates that students with disabilities are enrolling in health care education programs with increasing frequency. Educators and administrators will benefit from a better understanding of disability law and how it impacts education programs. Further, this knowledge should allow health care educators to be more proactive in regard to students with disabilities and to maintain a greater degree of autonomy over their respective programs. This report reviews pertinent legislation and case law as it applies to students with disabilities in health care education.

Case Study: Degree of Integration of Disability Rights Into Allied Health Professional Education.

Persons with disabilities are vulnerable to rights violations when accessing health care, including allied health care. However, the commitment of allied health professional education to disability rights has not been researched. This study is the first to investigate the extent to which disability rights principles are integrated into allied health competencies and education. Specifically, this paper explores the extent to which disability rights principles are integrated into the competencies and education of the six allied health professions taught by the University of Sydney's Faculty of Health Sciences. The study brings to light facilitators and barriers to professional curriculum renewal, and recommendations for future health professional education. This case study reveals that three allied health professions-exercise physiology, physiotherapy, and radiography-incorporate a rights-based approach to a lesser degree than the other three-speech pathology, occupational therapy, and rehabilitation counseling. We refer to this as an "allied health continuum." The paper concludes that there is considerable scope for the allied health professions to strengthen human rights-based education and care provision through ethical codes of conduct, competencies, curriculum renewal, accreditation, and registration requirements, with the aim of reducing rights violations experienced by persons with disabilities when accessing allied health care.

The interpretation and implementation of regulatory fitness requirements.

The Disability Rights Commission launched a general formal investigation (FI) into the impact of fitness standards on disabled people studying, qualifying, registering and working in three public sector professions, including nursing. The FI's review of statutory and regulatory frameworks identified a significant amount of primary and secondary legislation and guidance, with an array of fitness requirements of statutory basis. There is, however, scant reference to the Disability Discrimination Act. The FI additionally issued a forma call for evidence targeting key stakeholder organizations, exploring how these interpret and implement regulations and guidances. Responding organizations acknowledge that the potential for, and reality of, discrimination exists and stems from highly variable and subjective interpretations and implementation of the regulatory fitness requirements. There is a widely perceived lack of adequate and clear guidance for practice purposes. Fitness requirements can discourage disabled people from attempting entry into the profession. A risk-averse culture discourages disclosure, and can affect the types and timeliness of support being provided to disabled students and professionals.

Liability for unfounded "fear firing" under ADA: a real threat of violence, or just the postal worker metaphor?

Employers are sometimes confused with employee conduct that is truly a menace to the welfare of co-workers. Often, unusual behavior is perceived by others as being threatening but is not truly so. Managers must differentiate and act appropriately under the circumstances. This article outlines somes of the situations that may arise and provides guidance for managers' response within the rules set forth by the Americans with Disabilities Act (ADA). A policy of zero tolerance for disruptive acts may serve most practices well. The appropriate use of professional evaluations and employee assistance programs (EAPs) is also discussed.

Nurse anesthesia students with disabilities: a legal and academic review of potential professional standards.

Establishing suitable and proper program admission criteria that protect both the rights of disabled applicants and professional needs to educate competent practitioners concern every nurse anesthesia educational program. Disabled Americans must be legally protected while ensuring that future nurse anesthetists meet expectations for professional competency To balance these demands, academic programs must establish criteria that define qualifying standards for practice. Such criteria serve the important function of providing notice to prospective applicants, as well as to established practitioners, about minimum professional competencies and behaviors. This paper, based on a presentation, "Special Needs Students--an Attorney's Perspective," to program faculty of the American Association of Nurse Anesthetists in Ft Lauderdale, Fla, in February 2005, posits specific language to aid in defining admission criteria that are both inclusive and exclusionary. It seeks to stimulate debate about developing some professional consensus on a matter of continuing importance.