Mandate Or Not

Angie Szumlinski Legal, News

In an article published in the APNews, a New Mexico corrections officer is suing New Mexico over the requirement that first responders and other employees be vaccinated, setting up another legal fight during a pandemic that is testing local and federal public health laws. The complaint centers on the FDA’s authorization of the vaccines for emergency use, noting that the …

OSHA and YOU!

Angie Szumlinski Compliance, Legal

Healthcare workers face a number of serious occupational safety and health hazards. These include (but are not limited to) bloodborne pathogens and biological hazards, potential chemical and drug exposures, waste anesthetic gas exposures, respiratory hazards, ergonomic hazards from lifting and repetitive tasks, laser hazards, workplace violence, hazards associated with laboratories, and radioactive material and x-ray hazards. OSHA has been a …

For the Love

Angie Szumlinski Legal, News

“As businesses worked to get PPE into the hands of those most in need of it, Christopher Dobbins chose to hack his former employer and maliciously interrupt that process,” said U.S. Attorney Nyung J. “BJay” Pak, in an article published by the U.S. Department of Justice. “His actions caused delays in the delivery of desperately needed equipment in the midst …

COVID Related Lawsuits

Angie Szumlinski Legal

The pandemic has already created a flurry of individual and class-action lawsuits against post-acute care providers. In fact, according to data collected through a national association for lawyers, it is estimated that approximately 80 COVID-related litigation cases have been filed in Massachusetts alone, and more than 5,000 across the country. These cases are expected to be very costly to defend. …

CMS Resident Right to Vote Memo and Letter

Angie Szumlinski Legal

On October 5th, 2020, CMS sent out a memo regarding compliance related to nursing home residents and their right to vote. CMS made clear that they are affirming the continued right of nursing home residents to exercise their right to vote, while acknowledging the challenges that have arisen with the COVID-19 pandemic. Although visitations are limited and there are new …

File Folder marked Standards

NCAL's message about Argentum's National Standards Initiative

Peter Feeney Compliance, Legal, News

HealthCap® worked with AHCA/NCAL last fall to analyze what Argentum’s push for developing ANSI standards would mean for the industry. We found that national standards would be redundant to state licensing oversight and accompanying standards, which would confuse and complicate compliance. Furthermore, two sets of standards would fuel even more litigation, as trial attorneys will be able to hand-pick between …

American Flag With Lock

Latest LEIE File Released

Angie Szumlinski Legal

The US Department of Health and Human Services, Office of Inspector General (OIG) has released its updated List of Excluded Individuals and Entities (LEIE) database file, which reflects all OIG exclusions and reinstatement actions up to, and including, those taken in October 2019. https://www.oig.hhs.gov/exclusions/exclusions_list.asp

Great News – Thank You Nursing Home Workforce Quality Act

Angie Szumlinski Legal

On Wednesday, September 25, 2019 a bipartisan pair of lawmkaers introduced a bill that its supporters say would ease persistent staffing strains on the nation’s nursing home operators. Historically, if a provider received a civil money penalty of more than $10,000 (related to a negative survey outcome), the center would be banned from training certified nursing assistants for two years. …

Arbitration Agreement

Is Your Arbitration Agreement Compliant?

Christina Nechiporchik Compliance, Legal, News

After litigation and multiple comment periods from the public, the new CMS rule for arbitration agreements went into effect on September 16th. The rule only applies to arbitration agreements entered into on or after September 16th. Providers should take note of key requirements to ensure that their arbitration agreement will be enforceable. While it was a recommended best practice prior …

FBI Investigating Nursing Home Fraud

Angie Szumlinski Legal, News

A recent podcast from FBI This Week covered the FBI’s identification and investigation of nursing homes that exploit residents. What Does it Mean to You? When as the last time you viewed your operations with a critical eye? Now may be the perfect time as the FBI has allocated increased resources to identify and investigate exploitation of residents financially. They …