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The Patient Protection and Affordable Care Act (ACA; www.healthcare.gov/law) is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and Americans with Disabilities Act (ADA), 42 U.S.C. ' 12101 et seq, (www.ada.gov/2010_regs.htm), discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
While this article analyzes the recent reclassifications and provides recommendations to employers, ultimately, the impact of the reclassifications will likely be decided by the courts.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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