John Durso McKnight's Long Term Care News

John Durso

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John Durso

Ask the legal expert: Can we limit disclosures that breach our privacy policy?

We tell our employees that they may not speak to the media about our infection rates (including COVID-19 rates) or other caregiving or sensitive matters. This would include disclosing health information about specific residents. Yet, someone keeps leaking information out and the information does not always put us in a good light. Can we limit disclosures that breach our privacy policy? Also, can we take action against such employees?

John Durso

Ask the legal expert: Are we liable for any penalties or wrongdoing after some resident images appeared in the newspaper?

We had a community event, a July 4 ice cream social, on our grounds and the public was invited. A newspaper came and photographed a bunch of stuff, including some residents. Good public relations, right? Wrong. Now we are being accused of violating residents’ privacy rights since some of their images appeared in the newspaper. Are we liable for any penalties or wrongdoing? Should we have handled this differently?

Ask the legal expert: How much harassment is too much, so that we could or should discipline an employee in a position of power?

How much harassment is too much, so that we could or should discipline an employee in a position of power? There are federal and state laws that prohibit discrimination against protected categories, such as race, religion, national origin, sex, sexual orientation, age, workers who want to form a union, and persons convicted of a crime.…

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