We do background checks on new employees. But now there’s word we’ll be getting sued because a relatively new nurse aide allegedly improperly touched certain residents. How can we avoid a potentially...
Ask the Legal Expert about … mandatory pre-dispute arbitration clauses
By
John Durso
Apr 05, 2017
Is it legal to insert or attach pre-dispute mandatory and binding arbitration clauses in our resident contracts?
Ask the Legal Expert about… surveyor conduct
By
John Durso
Oct 05, 2015
Surveyors recently were unfair, and rude. They inappropriately threatened my managers with unfounded citations. The next time they come, I want to audiotape or videotape them. Can I legally do this?
Ask the legal expert … about surveyor citations
By
John Durso
Jun 05, 2015
One of the first opportunities for a facility to refute surveyor citations or deficiencies and have the survey agency remove them is the Informal Dispute Resolution (“IDR”) process or, when...
Ask the legal expert … about “granny cams”
By
John Durso
Mar 06, 2015
I know there are state-specific laws, but what can we do generally to keep “granny cams” out of our facility? Seems like the movement to use them is growing.
Ask the legal expert … about developing effective boards
By
John Durso
Oct 01, 2014
How do we make sure members of our board of directors all are pulling their weight (and also acting legally)? It seems like a lot of cronyism can be allowed and some boards get away with virtually no input.
Ask the legal expert … about screening for sex offenders
By
John Durso
Apr 01, 2014
How can we make sure we don’t have registered sex offenders working or volunteering for us? What if they lie to us about it?
Ask the legal expert … about antipsychotic medication liability
By
John Durso
Dec 01, 2013
I’m an administrator who’s read all of this stuff about overuse of antipsychotics on long-term care residents. I like and trust my director of nursing, medical director and clinical staff —...
Reducing readmissions: Physician services enabled by telemedicine in SNFs
By
John Durso
and John Whitman
Nov 04, 2013
When a resident of a skilled nursing facility has an acute event after hours or on weekends, the on-site nurse will generally call the patient’s primary care physician. Over the telephone, the nurse...
Ask the legal expert … about winning resolution proceedings
By
John Durso
Sep 01, 2013
I’m tired of losing informal dispute resolution proceedings. How can I win one?