Ask the legal expert: Top reason that facilities are sued and how to avoid such lawsuits?
What is the No. 1 reason that facilities providing residential and care services to seniors are sued? How can we avoid such lawsuits?
Most recent articles by 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.…
Ask the legal expert: How can we make sure certain staff aren’t getting overzealous in a quest to keep census high?
We have been accused of admitting residents who do not really need skilled care. As a non-clinician in charge of making sure we are not defrauding the government, how can I/we make sure certain staff are not getting overzealous in a quest to keep census high? Your question raises serious concerns and potential liabilities for…
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A nurse manager had her laptop stolen. The police found it abandoned within a day. There is no indication that they accessed or used the laptop. Do we have an obligation to notify patients whose records were on the laptop? In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA). It protects the…
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We want to make sure our staff is fully connected by text for scheduling and other updates. Can we make employee use of personal phones a condition of employment? How do we respect privacy issues of the residents and the employer? It is lawful under federal law to impose restrictions on phones for work-related…
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“That kind” of billboard has sprung up in our area. Lawyers soliciting calls from anyone who believes they or a family member have been aggrieved by a provider. What are our options, now that we seem to be under attack? There are very few legal options to prevent or remove such billboards. Lawyers have the…
Ask the Legal Expert: Business ramifications from PDPM
Litigation risks will increase under PDPM because the individuals you serve will be more medically complex. Also, many lawyers will monitor the documented care prior to and after PDPM participation. Plaintiffs’ attorneys often try to establish that you did not provide the most appropriate level or type of care.
Ask The Legal Expert: Allowing pets
We allow small dogs and cats in our CCRC. What are the legal ramifications for our parent company and pet owners? Residents like to pet the animals and on occasion, could get bit or otherwise injured.
Ask the Legal Expert: Family has the means, refuses to pay
If the family has control over the resident’s assets, then your best approach is to make a claim against the resident’s estate. There are local rules related to when you can file such a claim.
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