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The federal prohibitions on self-referrals and kickbacks, known as the Stark Law and Anti-Kickback Statute ("AKS"), have received new changes for calendar year ("CY") 2023...
should they? More on that below. The Rule: The Equal Employment Opportunity Commission (EEOC) recently issued guidance on this question, and acknowledged that an employer can lawfully require its employees to be vaccinated against Covid-19 as long as federal anti-discrimination laws are followed. How to Mandate the Vaccine and Comply with Federal Anti-Discrimination Laws: Generally, employers should have a third party administer the vaccine because then the employer does not put itself in the position of asking pre-screening questions that elicit private health information. However, the inev...