We’ve decided that next flu season we’re going to mandate our staff members get flu shots. Are we on firm legal ground?
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 … how to deal with someone leaking information
By
John Durso
Mar 02, 2013
Someone leaked sensitive patient information to the press after we had a recent fire here. What steps can/should we take to investigate or determine who the leak was?
Ask the legal expert … about due diligence when being recruited
By
John Durso
Feb 01, 2013
I’m an administrator and am being recruited by a skilled nursing facility with past legal troubles. What should I do to satisfy myself that this facility has cleaned up its act and would be a good...
Is it ever OK to hire someone with a criminal record?
By
John Durso
Dec 02, 2012
We try to check out employee candidates as thoroughly as possible but the staffing environment around here is tough.
What to do about our unqualified MDS coordinator?
By
John Durso
Sep 01, 2012
We hired an unqualified MDS coordinator who filed many claims for us at too high of a reimbursement rate and now we’re being pursued under False Claims Act charges. How do we get out of this mess?
What to do about our unqualified MDS coordinator?
By
John Durso
Sep 01, 2012
We hired an unqualified MDS coordinator who filed many claims for us at too high of a reimbursement rate and now we’re being pursued under False Claims Act charges. How do we get out of this mess?
Ask the legal expert: Are pregnant employees covered under the Americans With Disabilities Act?
By
John Durso
Aug 01, 2012
Pregnancy alone is not considered a disability under the Americans With Disabilities Act. Only conditions that are the result of a physiological disorder are “impairments” under the ADA.
Ask The Legal Expert: Should facilities sue low-performing foodservice suppliers?
By
John Durso
Jun 05, 2012
We have an outside food management company and lately, frankly, they’ve done a lousy job. We’re thinking about suing them — good idea or bad idea? What if a resident suspects food poisoning?
Ask the legal expert: How important is it to meet self-reporting requirements under the Affordable Care...
By
John Durso
Mar 01, 2012
According to the Affordable Care Act, the Centers for Medicare & Medicaid Services may reduce a civil money penalty (CMP) by 50% in cases where nursing homes self-report and promptly correct certain instances...