Ask the legal expert … about the CMS staffing mandate
By
Norris Cunningham
Nov 07, 2023
Q: I’m concerned about the proposed CMS nursing home staffing mandate. Will hardship exemptions save operators who have difficulty meeting staffing needs?
Ask the Legal Expert
By
Norris Cunningham
Oct 07, 2022
Q: What is a skilled nursing facility to do when a resident doesn’t want to be cared for by a person of another race?
Ask the legal expert: Can you find any positives in the 2023 SNF PPS proposed rule?
By
Norris Cunningham
Jun 01, 2022
Q: Can you find any positives for nursing homes in the 2023 proposed prospective payment rule?
Ask the legal expert: How stringent can we be about visitation times and what can we do to or about violators?
By
John Durso
Oct 01, 2020
We have had some family members disagree with our visitation policy. The tension has worsened due to the pandemic, and state and local authorities clamping down to protect long-term care residents. How...
Ask the legal expert
By
John Durso
Dec 01, 2008
John Durso, Esq. Ungaretti & Harris LLP
Ask the Legal Expert about … Overtime laws
By
John Durso
Jun 08, 2018
Some of our staff are super-diligent and work right through lunch breaks sometimes. Can we get in trouble with OSHA or other regulators if we stress to them to take their breaks but they still don’t?
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 … employees working ‘off the clock’
By
John Durso
Dec 06, 2016
With the new overtime pay regulations, how do we insulate ourselves from problems if we have diligent workers who might work “off the clock?”
Ask the Legal Expert… about relationships between residents
By
John Durso
Sep 04, 2015
Family members are threatening to sue because their mother is carrying on a believed-to-be-sexual relationship with a gentleman who also lives at our facility. What’s our recourse?
Ask the legal expert
By
John Durso
Apr 01, 2008
The raiding of resident trust funds and theft of insurance checks by staff are perhaps the two most significant fraud/embezzlement problems in long-term care. What is your advice for guarding against them?