John Durso McKnight's Long Term Care News

John Durso

Most recent articles by John Durso

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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