http://www.mcknights.com/john-durso/author/169/ Latest articles by John Durso from McKnight's Long Term Care News McKnight's custserv@mcknights.com no We've decided that next flu season we're going to mandate our staff members get flu shots. Are we on firm legal ground? http://www.mcknights.com/ask-the-legal-expert-about-mandating-flu-shots/article/291363/ Wed, 01 May 2013 19:00:00 GMT We've decided that next flu season we're going to mandate our staff members get flu shots. Are we on firm legal ground? McKnight's 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? http://www.mcknights.com/ask-the-legal-expert-about-arbitration-agreements/article/287088/ Mon, 01 Apr 2013 23:53:28 GMT 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? McKnight's 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? http://www.mcknights.com/ask-the-legal-expert-how-to-deal-with-someone-leaking-information/article/282775/ Sat, 02 Mar 2013 02:36:19 GMT 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? McKnight's 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? http://www.mcknights.com/ask-the-legal-expert-about-due-diligence-when-being-recruited/article/279239/ Fri, 01 Feb 2013 23:51:00 GMT 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? McKnight's We've been accused of upcoding our therapy reimbursement claims. What can we do? http://www.mcknights.com/ask-the-legal-expert-what-to-do-after-being-accused-of-upcoding-therapy-reimbursement-claims/article/274941/ Wed, 02 Jan 2013 00:26:00 GMT We've been accused of upcoding our therapy reimbursement claims. What can we do? McKnight's We try to check out employee candidates as thoroughly as possible but the staffing environment around here is tough. http://www.mcknights.com/is-it-ever-ok-to-hire-someone-with-a-criminal-record/article/270690/ Sun, 02 Dec 2012 00:35:00 GMT We try to check out employee candidates as thoroughly as possible but the staffing environment around here is tough. McKnight's 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? http://www.mcknights.com/ask-the-legal-expert-how-do-facilities-respond-to-hcbs-push/article/261636/ Mon, 01 Oct 2012 10:30:00 GMT 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? McKnight's 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? http://www.mcknights.com/what-to-do-about-our-unqualified-mds-coordinator/article/259148/ Sat, 01 Sep 2012 21:51:00 GMT 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? McKnight's 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? http://www.mcknights.com/what-to-do-about-our-unqualified-mds-coordinator/article/259149/ Sat, 01 Sep 2012 21:51:00 GMT 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? McKnight's 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. http://www.mcknights.com/ask-the-legal-expert-are-pregnant-employees-covered-under-the-americans-with-disabilities-act/article/253045/ Wed, 01 Aug 2012 10:30:00 GMT 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. McKnight's