Ask the legal expert: Can we stop a local paper from writing about soon-to-be-proven false accusations?
By
John Durso
May 01, 2020
A local newspaper wrote an article about how a disgruntled family member of a recently deceased resident is suing us. Readers may infer poor care from the article. Can we stop the paper from writing these...
Ask the legal expert: What can we do to improve our situation with regard to so-called “granny cams”...
By
John Durso
Apr 01, 2020
What can we do to improve our situation with regard to so-called “granny cams” in residents’ rooms?
Ask the legal expert: Are we liable if a resident or visitor falls in common areas?
By
John Durso
Feb 02, 2020
Our maintenance crew mops bathrooms and some of our lobby common areas. They post “Caution: wet floor” signs. Are we still liable to a resident or visitor who falls in these areas? Similarly, we clear...
Ask the legal expert: How can we make sure certain staff aren’t getting overzealous in a quest...
By
John Durso
Oct 18, 2019
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...
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 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 … liability for subcontractors
By
John Durso
May 08, 2018
One of our subcontractors did not follow our falls protocol. The person directed our staff to “let her rest and she will be OK.” The resident was severely injured and her condition was made worse by...
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 … 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?