Ask the legal expert

Ask the legal expert ... about mandating flu shots

Ask the legal expert ... about mandating flu shots By

We've decided that next flu season we're going to mandate our staff members get flu shots. Are we on firm legal ground?

Ask the legal expert ... about arbitration agreements

Ask the legal expert ... about arbitration agreements By

It seems like every time I see a news item about arbitration agreements being signed by a resident/patient's surrogate or relative, some judges rules it invalid or unenforceable. Are they ever valid? Must we always get the resident/patient to sign for himself or herself, or is that just strongly recommended?

Ask the legal expert ... how to deal with someone leaking information

Ask the legal expert ... how to deal with someone leaking information By

Someone leaked sensitive patient information to the press after we had a recent fire here. What steps can/should we take to investigate or determine who the leak was?

Ask the legal expert ... about due diligence when being recruited

Ask the legal expert ... about due diligence when being recruited By

I'm an administrator and am being recruited by a skilled nursing facility with past legal troubles. What should I do to satisfy myself that this facility has cleaned up its act and would be a good place to work?

Is it ever OK to hire someone with a criminal record?

Is it ever OK to hire someone with a criminal record? By

We try to check out employee candidates as thoroughly as possible but the staffing environment around here is tough.

Ask the legal expert: How do facilities respond to HCBS push?

Ask the legal expert: How do facilities respond to HCBS push? By

Every now and then a resident clamors to be "let out" to go live independently because of all the home- and community-based services push they're seeing from the federal government. How should we respond?

What to do about our unqualified MDS coordinator?

What to do about our unqualified MDS coordinator? By

We hired an unqualified MDS coordinator who filed many claims for us at too high of a reimbursement rate and now we're being pursued under False Claims Act charges. How do we get out of this mess?

What to do about our unqualified MDS coordinator?

What to do about our unqualified MDS coordinator? By

We hired an unqualified MDS coordinator who filed many claims for us at too high of a reimbursement rate and now we're being pursued under False Claims Act charges. How do we get out of this mess?

Ask the legal expert: Are pregnant employees covered under the Americans With Disabilities Act?

Ask the legal expert: Are pregnant employees covered under the Americans With Disabilities Act? By

Pregnancy alone is not considered a disability under the Americans With Disabilities Act. Only conditions that are the result of a physiological disorder are "impairments" under the ADA.

Ask the legal expert: What can we do about new admissions who stash their assets for Medicaid eligibility?

Ask the legal expert: What can we do about new admissions who stash their assets for Medicaid eligibility? By

Senior living facilities have little, if any, ability to influence an individual's decision to set up an irrevocable trust or some other type of tax shelter before the individual applies for occupancy in the long-term care facility.

Ask The Legal Expert: Should facilities sue low-performing foodservice suppliers?

Ask The Legal Expert: Should facilities sue low-performing foodservice suppliers? By

We have an outside food management company and lately, frankly, they've done a lousy job. We're thinking about suing them — good idea or bad idea? What if a resident suspects food poisoning?

Ask the legal expert: What are the rules on the mandatory reporting of government overpayments?

Ask the legal expert: What are the rules on the mandatory reporting of government overpayments? By

Providers' response to suspected overpayments could prevent damages and penalties under the False Claims Act, and civil monetary penalties and exclusion from participation in the Medicare and Medicaid programs.

Ask the legal expert: How important is it to meet self-reporting requirements under the Affordable Care Act?

Ask the legal expert: How important is it to meet self-reporting requirements under the Affordable Care Act? By

According to the Affordable Care Act, the Centers for Medicare & Medicaid Services may reduce a civil money penalty (CMP) by 50% in cases where nursing homes self-report and promptly correct certain instances of noncompliance.

Ask the legal expert: What legal considerations should providers ponder before joining an ACO?

Ask the legal expert: What legal considerations should providers ponder before joining an ACO? By

Your organization can add value by integrating with acute care providers, in an ACO or otherwise, and ensuring that individuals receive efficient, high-quality care as they transition from the acute to the post-acute and long-term care environments.

Ask the legal expert: What's the best way to respond to alleged deficiencies?

Ask the legal expert: What's the best way to respond to alleged deficiencies? By

John Durso, Esq., Ungaretti & Harris LLP

Ask the legal expert: How can we fight removal of tax exempt status?

Ask the legal expert: How can we fight removal of tax exempt status? By

John Durso, Esq., Ungaretti & Harris LLP

Ask the legal expert: Is there an end in sight to unionization gains in SNFs?

Ask the legal expert: Is there an end in sight to unionization gains in SNFs? By

John Durso, Esq., Ungaretti & Harris LLP

Ask the legal expert: How can I legally limit my nurses' penchant for texting?

Ask the legal expert: How can I legally limit my nurses' penchant for texting? By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: How will healthcare reform affect sub-acute providers?

Ask the legal expert: How will healthcare reform affect sub-acute providers? By

John Durso, Esq., Ungaretti & Harris LLP

Ask the legal expert: What is legal protocol for resident falls?

Ask the legal expert: What is legal protocol for resident falls? By

John Durso, Esq., Ungaretti & Harris LLP

Is posting ownership information required?

Is posting ownership information required?

John Durso, Esq., Ungaretti & Harris LLP

Contracting with a ride service for residents

Contracting with a ride service for residents By

John Durso, Esq., Ungaretti & Harris LLP

Ask the legal expert: Reporting elder abuse

Ask the legal expert: Reporting elder abuse By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: Legal concerns for MDS and RUG-IV

Ask the legal expert: Legal concerns for MDS and RUG-IV By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: firing an underperforming manager who falsified credential

Ask the legal expert: firing an underperforming manager who falsified credential By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: How can I keep unions away from my facility?

Ask the legal expert: How can I keep unions away from my facility? By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: avoidable pitfalls in the Family and Medical Leave Act

Ask the legal expert: avoidable pitfalls in the Family and Medical Leave Act By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: the fine line between vendor gifts and kickbacks

Ask the legal expert: the fine line between vendor gifts and kickbacks By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: monitoring employees' computer use at work

Ask the legal expert: monitoring employees' computer use at work By

John Durso, Esq., Ungaretti & Harris LLP

Ask the legal expert: limiting liability at the company Christmas party

Ask the legal expert: limiting liability at the company Christmas party By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: nursing home staff tattoos and piercings

Ask the legal expert: nursing home staff tattoos and piercings By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: restricting employee cell phone use to protect patient privacy

Ask the legal expert: restricting employee cell phone use to protect patient privacy By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: non-compete clauses in long-term care employee contracts

Ask the legal expert: non-compete clauses in long-term care employee contracts

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: assessing the impact of "Red Flag Rules"

Ask the legal expert: assessing the impact of "Red Flag Rules" By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: how to defeat an attempt to unionize employees

Ask the legal expert: how to defeat an attempt to unionize employees By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert: how can we prepare for the Employee Free Choice Act?

Ask the legal expert: how can we prepare for the Employee Free Choice Act? By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert

Ask the legal expert By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert

Ask the legal expert By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert

Ask the legal expert By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert

Ask the legal expert By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert

Ask the legal expert By

John Durso, Esq. Ungaretti & Harris LLP

Ask the legal expert

Ask the legal expert

John Durso, Esq. Ungaretti & Harris LLP

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