Applies to all facilities and covered entities Posted January 2, 2003 By Jerri Lynn Ward, J.D., Garlo Ward, P.C. It was a crisply cool and sunny Saturday morning and there I was in the parking lot of the Wal-Mart in our little Texas Hill Country town. Wal-Mart is the closest thing we have to a mall, and along with the Dairy Queen, it is one of the social centers of the town. Our little town doesn't have a Starbucks, so Wal-Mart is where the men of the town gather to have coffee on … [Read more...] about Sue Bob’s Diary: Why HIPAA is like Duck Poop (Do you go by State or Federal Law?)
Sue Bob’s Diary: Texas Supreme Court Incites People To “Channel While Dressed Like Tinkerbell”: Another Litigation Floodgate Opens
Applies to ICF-MR's and covered entities Posted January 31, 2003 By Jerri Lynn Ward, J.D., Garlo Ward, P.C. I was taking my daily walk in the neighborhood when I saw a familiar person standing on the sidewalk a block away. I walked up and saw that it was Lucas Pahl. Lucas is the QMRP for several ICF-MR's in our little town and surrounding towns in the Hill Country. Lucas is about my age. He can truthfully be described as tall, dark and extremely handsome. Of course, when he … [Read more...] about Sue Bob’s Diary: Texas Supreme Court Incites People To “Channel While Dressed Like Tinkerbell”: Another Litigation Floodgate Opens
Sue Bob’s Diary: Adventures in HIPAA Land: It’s Heeeerrrre!!!
By Jerri Lynn Ward with Commentary by Hugh Barton Posted April 18, 2003 It's April 14 and I had been tearing my hair out over my tax return, so I decided to take a break and go visit Fred Quinn in the hospital and my grandparents at the Serendipity Village Rest Home. I cleaned up and got in my car and headed over to the hospital. Fred Quinn is our little town's florist. He's in the hospital for surgery on those pesky hemorrhoids he's had trouble with for years. I knew about them because … [Read more...] about Sue Bob’s Diary: Adventures in HIPAA Land: It’s Heeeerrrre!!!
Sue Bob’s Diary: Soap Opera at the Serendipity (Bad Faith Complaints)
By Jerri Lynn Ward, J.D. Posted June 5, 2003 Today, I was in the produce department at the local HEB Pantry Store trying to open one of those stupid, plastic, impossible-to-open produce bags. I was almost to the point of tearing into it with my teeth when I saw Sam Hershey, the Administrator at the Serendipity Rest Home. Sam has been Administrator at the Serendipity since 1995. Prior to that, he was in the Marines for 20 years. In 2000, he became the owner of the Serendipity because he … [Read more...] about Sue Bob’s Diary: Soap Opera at the Serendipity (Bad Faith Complaints)
Alert to Nursing Homes and Other Providers of Potential Sanctions and Penalties Under the Medicaid Fraud Prevention Act
In September of 1995, the Texas Medicaid Fraud Prevention Act, as enacted by the 74th Texas Legislature, went into effect. The Act, found in Chapter 36 of the Texas Human Resources Code,seeks to address and punish those individuals and entities, participating in the Medicaid program, found to have defrauded the State Medicaid program. The greatest potential ramifications may apply especially to nursing homes, assisted living facilities, intermediate care facilities for the mentally retarded … [Read more...] about Alert to Nursing Homes and Other Providers of Potential Sanctions and Penalties Under the Medicaid Fraud Prevention Act
To IDR or not to IDR – That is the Question
By Jerri Lynn Ward, J.D. & Ashley Katz, Paralegal The Informal Dispute Resolution (IDR) sets up your entire case, helps to build the defense, and organize the pertinent documents early on in the game. When to IDR: Anytime you have a defense Old tags if the tag was cited again with new findings in the survey Anytime the scope and severity could be reduced Tags without penalties if there is a concern for the facility's history Possible Benefits of an IDR: Survey is … [Read more...] about To IDR or not to IDR – That is the Question
The IDR Process – The Latest, Most Cost Effective, Legal Tool
Garlo Ward, P.C. has a very important goal: to offer only effective and efficient legal services. The first section of our mission statement illustrates this goal perfectly. To provide high-quality, individualized, value-added legal services in a cost-effective manner with integrity, honesty and loyalty. In carrying out this mission, we are constantly searching for the most effective methods of legal defense, risk management and settlement negotiations. Over the past year, our firm has … [Read more...] about The IDR Process – The Latest, Most Cost Effective, Legal Tool
Fighting for Dollars to Keep Afloat
Posted April 25, 2002 Nursing facilities in Texas are struggling to keep afloat. With dramatic increases in liability insurance premiums, the second lowest amount reimbursed to facilities per resident in the nation, and significant civil monetary or administrative penalty imposition by the State and CMS, it is not surprising that numerous facilities are shutting their doors across the State. Given these conditions, it is important that nursing facilities be reimbursed for services provided … [Read more...] about Fighting for Dollars to Keep Afloat
Benefits of Legal Representation in Investigations
Posted April 28, 2002 It takes just one dissatisfied patient to endanger your reputation and ability to practice or attract potential patients. Regardless of how unwarranted or inaccurate a patient's complaint against a particular dentist may be, each and every investigation conducted by the Board of Dental Examiners must be taken very seriously, as the ramifications may be grave. In these investigations, it is important to be familiar with the process and your rights. Every sanction … [Read more...] about Benefits of Legal Representation in Investigations
The Continuing Saga of the Granny Cam Law
Posted May 6, 2002 By Jerri Lynn Ward, J.D. As you know, Texas Senate Bill 177, effective June 15, 2001, authorizes overt electronic monitoring in the rooms of nursing home patients. Monitoring would include use of video cameras and audiotaping. The purpose of this article is to give you the basics for dealing with this law. Nursing homes are required to accommodate the request of any resident to conduct electronic monitoring, and may not refuse or discharge a resident who … [Read more...] about The Continuing Saga of the Granny Cam Law