Posted May 23, 2002 If you are a doctor, you're aware of the risks you face when dealing with patients. Unsatisfied patients can file complaints against you and seek disciplinary action, and it is possible that your license to practice may be placed in jeopardy. Other issues such as substance abuse or mental disorders can limit your ability to practice medicine. You should know your rights and the process that is followed when an alleged violation of the Medical Practice Act occurs so that … [Read more...] about Helpful Information to Protect Your License to Practice Medicine in Texas
Proposed Changes to the Standards for Privacy of Individually Identifiable Health Information
Posted June 4, 2002 Please contact Jerri Lynn Ward for more information. The Department of Health and Human Services ("HHS") has proposed changes to the Standards for Privacy of Individually Identifiable Health Information ("Privacy Rule") to address the importance of protecting the privacy of health information following the passage of the Health Insurance Portability Act of 1996 ("HIPAA"). The Standards were issued in proposed format in November of 1999, and became final on … [Read more...] about Proposed Changes to the Standards for Privacy of Individually Identifiable Health Information
The Quality Assessment and Assurance Committee
By Jerri Lynn Ward, esq., Garlo Ward, P.C. with Interviews with Rose Ireland, Texas Association of Homes and Services for the Aging; and L. Eric Friedland, esq., Martin & Friedland, P.C. Posted June 27, 2002 We live in the most litigious society in the world. The effect is corrosive to the human spirit and to attempts to improve the human condition. This is demonstrated day after day by television pundits and trial lawyers as they continually engage in the "blame game." Each day, you see … [Read more...] about The Quality Assessment and Assurance Committee
Prescriptive Authority of Advanced Practice Nurses
Posted July 17, 2002 By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Recent amendments to rules 222.1-222.10 of the TAC clarify the definition of professional nursing and the duties of Advanced Practice Nurses. Advanced practice nurses with limited prescriptive authority can: sign prescription drug orders in alternate sites where the physician has delegated the authority to do so, and sign prescription drug orders in sites where the Texas State Board of Medical Examiners has granted … [Read more...] about Prescriptive Authority of Advanced Practice Nurses
Reasonable Insurance Premiums
Posted August 19, 2002 Applicable to all long term care facilities By Jerri Lynn Ward, J.D., Garlo Ward, P.C. and Beth Alford, Vice President of Risk Management for Tutera Health Care Services, L.L.C. As we all know, long term care facilities often have difficulty obtaining reasonably priced liability insurance. One of the reasons for this is facility survey history. Here we discuss a possible solution. To give some useful tips on how to be more successful in obtaining insurance, … [Read more...] about Reasonable Insurance Premiums
Know Your Rights When There is a Criminal Investigation at Your Facility
Applies to all long term care facilities Posted August 29, 2002 By Jerri Lynn Ward, J.D., Garlo Ward, P.C. with an interview with Woody Leverett, J.D. If during the course of a survey, a surveyor witnesses or has reason to believe that residents are suffering abuse or neglect, a facility and/or its employees can be referred to the County District Attorney for criminal investigation. If this situation should occur, it is important to understand your rights when dealing with police … [Read more...] about Know Your Rights When There is a Criminal Investigation at Your Facility
Level of Need Appeals: What Every Provider Needs to Know
Applies to ICF/MRs Posted September 10, 2002 Please contact Jerri Lynn Ward for more information. Recently, we have seen more requests for increases in level of need (LON) rejected by the Texas Department of Mental Health and Mental Retardation (TDMHMR). As a provider, you need to know that there are a few simple strategies you can utilize to help ensure that your LON request will be granted. This article discusses two methods for increasing the chances of getting TDMHMR to approve an … [Read more...] about Level of Need Appeals: What Every Provider Needs to Know
Ensure Adequate Staffing at your Facility
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Applies to all nursing facilities Posted September 25, 2002 Meeting state standards for resident-to-staff ratio is no longer enough to ensure compliance with Medicare regulations requiring facilities to provide sufficient nursing services "to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident." A new decision by the Departmental Appeals Board (DAB) in Westgate Healthcare Center vs. CMS … [Read more...] about Ensure Adequate Staffing at your Facility
Obtaining “spend-down” Medicaid Beds for Residents when a Facility is at its Maximum Capacity
Applies to all Medicaid and/or Medicare-certified nursing facilities Posted September 27, 2002 For more information contact Jerri Lynn Ward. What you should do when the facility is at its maximum capacity of Medicaid beds, and an additional resident, who was previously in a Medicare bed, is now eligible for a Medicaid bed? Under certain circumstances, the facility can obtain a waiver that allows the resident to remain in the facility and be covered by Medicaid. This situation is … [Read more...] about Obtaining “spend-down” Medicaid Beds for Residents when a Facility is at its Maximum Capacity
Important Changes to HIPAA Privacy Rule
Applies to all health care providers Posted October 4, 2002 For more information contact Jerri Lynn Ward. On August 14, 2002 , the Department of Health and Human Services provided changes to the Privacy Rule intended to clarify any uncertainties in the original rule and remove any potentially burdensome requirements. The main changes relate to the consent requirements, business associate requirements, limited data sets, and marketing requirements. Changes to Consent Requirements … [Read more...] about Important Changes to HIPAA Privacy Rule