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...
Ask The Legal Expert
By
John Durso
Aug 01, 2019
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...
Ask the Legal Expert: Business ramifications from PDPM
By
John Durso
May 01, 2019
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’...
Ask the Legal Expert about … sexual harassment investigation
By
John Durso
Aug 09, 2018
Our executive director has been accused of sexual harassment by a mid-level manager. How should we investigate this properly?
Ask the Legal Expert about … nonprofit status
By
John Durso
Jul 09, 2018
How can we make sure we keep our nonprofit status intact? What are the most common transgressions (inadvertent or not) which lead to loss of section 501(c) 3 tax exemption status? As you know, there are...
Ask the Legal Expert about … background checks
By
John Durso
Aug 09, 2017
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 arbitration agreements
By
John Durso
Apr 01, 2013
It seems like every time I see a news item about arbitration agreements being signed by a resident/patient’s surrogate or relative, some judges rules it invalid or unenforceable. Are they ever valid?...
Ask the legal expert: What legal considerations should providers ponder before joining an ACO?
By
John Durso
Feb 01, 2012
Your organization can add value by integrating with acute care providers, in an ACO or otherwise, and ensuring that individuals receive efficient, high-quality care as they transition from the acute to...
Ask the legal expert: How will healthcare reform affect sub-acute providers?
By
John Durso
Aug 02, 2011
John Durso, Esq., Ungaretti & Harris LLP
Ask the legal expert: How will the legal system handle healthcare reform lawsuits?