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John Durso

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Ask the Legal Expert

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…

Ask The Legal Expert

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…

John Durso

Ask The Legal Expert

“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.

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