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… about the benefits of compliance programs
By
Norris Cunningham
Dec 07, 2023
Many in long-term care view compliance programs with skepticism. The Affordable Care Act requires that organizations have written compliance programs, including ethical standards, policies and procedures...
Ask the legal expert: How should we out illegal behavior?
By
John Durso
Feb 01, 2021
I am not the chief executive officer, but other middle-level managers and I have reason to believe the chief financial officer has been double-dealing with contracts with third parties and skimming profits....
Ask the legal expert: Top reason that facilities are sued and how to avoid such lawsuits?
By
John Durso
Jan 05, 2020
What is the No. 1 reason that facilities providing residential and care services to seniors are sued? How can we avoid such lawsuits?
Ask The Legal Expert: Deterring harassment by employees in your building
By
John Durso
Jan 04, 2019
What do you recommend to mitigate or deter harassment between or by employees or volunteers in our building?
Ask the legal expert … about antipsychotic scrutiny
By
Norris Cunningham
Apr 10, 2023
Q: The use of antipsychotic drugs in nursing homes is already a publicly reported quality measure. Are we headed toward even more scrutiny? A: Yes, more scrutiny is coming. In February, the Department...
Ask the Legal Expert: Family has the means, refuses to pay
By
John Durso
Mar 07, 2019
If the family has control over the resident’s assets, then your best approach is to make a claim against the resident’s estate. There are local rules related to when you can file such a claim.
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: What can we expect from a staffing minimum?
By
Norris Cunningham
Sep 11, 2022
Q: What can we expect out of the Centers for Medicare & Medicaid Services’ intention to issue new guidance on minimum staffing measures for nursing homes?
Ask the legal expert: Can CMS increase financial penalties on nursing homes?
By
Norris Cunningham
Apr 01, 2022
Q: I read that the Biden Administration is seeking to increase financial penalties on nursing homes to catastrophic amounts. Can CMS really do this?