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?
Ask the legal expert … about surveyor citations
By
John Durso
Jun 05, 2015
One of the first opportunities for a facility to refute surveyor citations or deficiencies and have the survey agency remove them is the Informal Dispute Resolution (“IDR”) process or, when...
Ask the legal expert: What should organizations that serve seniors do to protect themselves during the...
By
John Durso
Jun 01, 2020
What should organizations that serve seniors do to protect themselves during the pandemic?
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...
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: 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 is legal protocol for resident falls?
By
John Durso
Apr 01, 2011
John Durso, Esq., Ungaretti & Harris LLP
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: How will healthcare reform affect sub-acute providers?
By
John Durso
Aug 02, 2011
John Durso, Esq., Ungaretti & Harris LLP
Ask the legal expert: What’s the best way to respond to alleged deficiencies?