THU Health Care Report: National labor group alleging illegal retaliation against West Allis union effort

From WisPolitics.com/WisBusiness.com …

— A national health care union is accusing Rogers Behavioral Health of “illegally” firing three workers after they told management they were forming a union. 

The National Union of Healthcare Workers today announced it has filed charges over the move with the National Labor Relations Board, and is calling for the workers to be hired back at the West Allis clinic. 

The union claims the Oconomowoc-based health care company has hired “unionbusters” to intimidate nurses and other workers ahead of union elections planned for locations in Madison and West Allis. Thirty-six workers at the Madison site and 63 at the West Allis site were involved in the unionization effort. 

After organizers announced the effort and proposed an election in West Allis, the employer allegedly fired three workers on Feb. 9 “in clear violation of federal labor law,” the union argues. NUHW President Emeritus Sal Rosselli is calling the company “the poster child for illegal retaliation against workers” in Wisconsin. 

When asked for comment on the allegations, a spokesperson for Rogers Behavioral Health provided the following statement: “We do not comment on confidential personnel matters, and we believe we have acted in compliance with applicable law. All clinics and services remain open. Our focus continues to be on serving the patients in our community.” 

Nurse practitioner Stephani Lohman, who was among those fired, calls it an “outrageous and illegal act of retaliation” that will leave fewer caregivers for patients. 

“Our goal in forming a union has been to improve care and reverse changes that have made it harder for patients to get the services they need,” she said in the union’s announcement. 

West Allis staff started the labor organizing effort last year, according to NUHW, after Rogers reclassified mental health clinicians from salaried to hourly workers. The union says many workers were then taken off shifts when patient numbers fell, leading to lower patient-to-staff ratios. 

The alleged retaliation comes after three Rogers health centers in California recently joined NUHW with no issues, the union notes. Workers at a Rogers site in Philadelphia also joined the union “without any opposition” and are currently negotiating a contract, according to organizers. 

See more in the release below. 

— Circulating legislation would require health insurers to continue covering vaccines currently recommended by the CDC if the federal agency withdraws its recommendation, so long as they’re still backed by certain physician groups. 

Sen. Dora Drake, D-Milwaukee, and Rep. Renuka Mayadev, D-Madison, this week sent a co-sponsorship memo to other lawmakers seeking support for the bill. They argue the federal Advisory Committee on Immunization Practices, under the CDC, has “become unreliable” as it’s departed from its earlier stance on certain vaccines for children. 

The agency removed six vaccines from the childhood vaccine schedule near the start of the year, and authors argue “there was no credible scientific reason” for the change. They say these decisions are being made without the guidance of established medical and scientific evidence. 

“These dangerous policy changes are creating confusion, mistrust, and fear of what we know to be true,” authors wrote in the memo. “Vaccines are safe, effective, and critical to preventing serious illness and the spread of fatal disease.” 

Under their legislation, health insurance policies and self-insured governmental plans that cover vaccines recommended by the CDC would have to continue providing coverage “on an equal basis” even if the agency withdraws its recommendation. But that’s only if the vaccine is recommended by the American Academy of Pediatrics or American Academy of Family Physicians. 

Meanwhile, the state Department of Health Services would also have to consider the recommendations of these physician groups when considering what to include in the vaccination schedule for Wisconsin’s immunization program. 

The bill comes amid scattered measles cases being reported around the state early this year, following last year’s outbreak in Oconto County that sickened 36 people, all of which were unvaccinated. Meanwhile, the percentage of two-year-olds in the state who’ve been vaccinated against the measles has dropped from 88% in 2013 to 82% in 2022. 

While the measles vaccine wasn’t among those dropped by the CDC’s advisory committee’s recommendation, authors say the number of measles cases is expected to rise due to fewer people getting the MMR vaccine, which stands for measles, mumps and rubella. 

“Now, more than ever, it is important that our public health guidance provides sound evidence-based vaccine recommendations,” authors wrote. 

The co-sponsorship deadline is Monday. 

See the bill text

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— The state Senate has approved SB 384, which would impose criminal penalties on doctors who fail to provide care if a baby is born alive following an abortion attempt.

Current law affords children born alive as a result of an abortion the same legal status and rights as a human at any point after they undergo a live birth as a result of natural or induced labor or a cesarean section, and SB 384 would make intentionally causing the death of a child born alive as a result of an abortion a felony punishable by life in prison. Dem Gov. Tony Evers vetoed identical bills in 2019 and 2021.

The Senate approved it 17-16 with Sen. Andre Jacque, R-New Franken, joining Dems in opposition. He had proposed an amendment to remove language barring a penalty for the mother, but pulled it back.

See more Senate action here

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