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Healthcare Update

Q: We've been hearing a lot about the legal attacks against the healthcare reform law. Is it likely that the courts will throw it out?

Q: Are continuing care retirement communities' entrance fees protected under law when a CCRC files for bankruptcy or restructures its debt?

Q: I suspect my supervisor, who hired me and really runs the place, of embezzling on an ongoing basis. How can I safely proceed if I'm not 100% sure? If I'm 100% sure?

Q: A resident decided to get out of bed without calling for help, fell and broke her hip. Can we be sued for supposedly insufficient oversight/monitoring?

We've discovered one of our top managers falsified some credentials on her resume. She also has been less than we expected performance-wise (though nothing criminal). How can we legally proceed to terminate her employment?

Where might providers most easily fall afoul of the law concerning Family and Medical Leave Act (“FMLA”) requests or actions?

What are some of the most common traps providers fall into when calculating employee compensation?

What are the top legal ramifications of loan workouts and defaults for senior care providers?

I contribute to purchasing decisions at our facility and am not sure what type of “premiums” or gifts I should accept from vendors and suppliers. Any advice on this?

What type of monitoring of my employees' computer use at work can I do? I think there's a lot of time-wasting Internet surfing and e-mailing, etc., going on. I would like to quash at least some of it. What are the best ways to do this?

What can we do to discourage employees from getting tattoos and body piercings?

What will be the impact of the federal “Red Flags Rules” on long-term care facilities?

What are the implications of the proposed Employee Free Choice Act ("EFCA") and what can we do as employers to better prepare ourselves if this new measure is enacted into law?

Previously, you discussed the basics of the federal False Claims Act (FCA). What are some specific applications of the FCA in the nursing home and senior housing context?

Lynn Gordon Authors Article in The Health Lawyer

A resident recently died, and we would like to be paid for lengthy caregiving services at our nursing facility. The surviving spouse said they were separated so she shouldn't have to pay anything. How do we resolve this problem?

How can we mitigate liabilities for our corporate directors or officers?

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?

Under what circumstances can I discharge a resident we no longer want to serve?

We heard we can now legally help our residents understand/choose their Part D drug benefit plans. Is this true?

If I suspect one or more members of the board of directors of doing something unlawful how should I report it?

What do you suggest to guard ourselves against improper workers' compensation claims (either bogus claims or claims related to previous or other employment)? Can we test employees somehow?

Lynn Gordon authors article in Health Care Law Monthly

What do you think of new federal guidelines concerning surveyors using photographic evidence?

With so many other legal and regulatory concerns, I now hear we have to be extra careful with marketing materials. Is that true?

How can I advise my board of directors to best avoid intermediate sanctions from the IRS?

We've heard of several cases of arbitration agreements in admission packets being "unconscionable." How do we avoid getting that label while still keeping a strong arbitration statement?

Low-income and dual-eligible residents have been complaining about the costs under the Medicare Part D program. Is there any relief I can recommend?

Because it is so new, I'm worried that families might get angered with Medicare Part D fallout. How can we best react to any complaints?

We suspect a nurse of improperly pocketing drugs. What's our best plan of action to: a) prove it, and b) get rid of her without putting ourselves at risk?

What decisions do we need to make before trying to make mandatory arbitration agreements part of our admission contracts?

How long should we keep employee records? How long should we keep records after a resident's been discharged?

If we want to do a background check on a prospective employee, whom should we contact? It seems like there’s been a groundswell for “just say you’re sorry;” and we were wondering: Is that ever a good idea to do when somebody’s been injured?

How do we get one of those temporary restraining orders for visitors or family members who are a royal pain in the neck and sometimes abusive to staff? Are our incident reports subject to discovery in negligence or malpractice claims?

We’d like to get more relatives taking responsibility for deceased residents’ unpaid bills. What is effective to include in admission agreements as to having children sign on as guarantors, etc.? When can we make someone else sign on the dotted line if there is reluctance on relatives’ part?

The owner of our facility apparently is starting a sub-company to take care of housekeeping and/or food services. Isn’t there a danger in sub-contracting or referring business to “yourself,” so to speak?

I realize I need to get a good anti-drug use policy in place quickly what should I do?

The purpose of this article is to provide physicians and their employers with a basic overview of models of physician compensation for use in determining specific compensation arrangements.