The FTC has proposed a rule which would ban employers from using non-compete clauses in employment contracts. Additionally, it would require employers to rescind any existing contract clauses. Expect push-back. In the meantime, the period for making comments is 60 days from the posting of the proposed rule. Therefore, if adopted, this rule would prevent health providers from requiring that employees or contractors sign non-competes, You will also have to inform any … [Read more...] about Proposed Rule Banning and Rescinding Non-competes
New Appeals Rules Effective 1-1-23
As of January 1, 2023, appeal cases for Home and Community-based Services and Texas Home Living administrative penalties, contract terminations, vendor holds, recoupments, and denial of payment from the HHSC Appeals Division to the Texas State Office of Administrative Hearings (SOAH). The rules also clarify that both Long-term Care Regulation and Provider Investigations employee misconduct registry cases for any LTCR-regulated provider type will be heard by SOAH. Here are the new … [Read more...] about New Appeals Rules Effective 1-1-23
Proposed Worker Classification Rule
The DOL continues its efforts to rule over American businesses in a "one-size fits all" approach. Its hatred of independent contracting once again emerges. Then, of course, after further exacerbating staffing problems, the government will fine you for any issues in care arising from not having enough people to render care. … [Read more...] about Proposed Worker Classification Rule
Dawn Begins to Break
New York’s Richmond County Supreme Court recently ordered workers fired for refusing to take the vaccine and whose requests for exemptions were denied the reinstated with back pay. One of the most important statements made by the court was that being vaccinated does not prevent an individual from contracting or transmitting Covid 19. Being vaccinated does not prevent an individual from contracting or transmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine … [Read more...] about Dawn Begins to Break
And So It Starts…
...coming out. This is interesting: Adverse Effects of COVID-19 Vaccines and Measures to Prevent Them. “Recently, The Lancet published a study on the effectiveness of COVID-19 vaccines and the waning of immunity with time. The study showed that immune function among vaccinated individuals 8 months after the administration of two doses of COVID-19 vaccine was lower than that among the unvaccinated individuals. According to European Medicines Agency recommendations, frequent COVID-19 … [Read more...] about And So It Starts…
COVID-19 Updates and Q&A HHSC Long-Term Care Regulation and Department of State Health Services
HHS has posted a webinar with Covid-19, including regarding the end of waivers. You can access the PowerPoint here. The audio is here. … [Read more...] about COVID-19 Updates and Q&A HHSC Long-Term Care Regulation and Department of State Health Services
ICF-MR–New Texas Provider Letter on Emergency Preparedness and Safety Operations
This was posted on March 21, 2022. "New 40 TAC §90.50, regarding emergency preparedness and response, requires an ICF/MR, whether licensed or exempt from licensure, to develop an emergency preparedness and response plan that addresses the core functions of emergency management. This rule requires an ICF/MR to designate an emergency preparedness coordinator, a facility staff person who has the authority to manage the facility’s response to an emergency situation in accordance with the … [Read more...] about ICF-MR–New Texas Provider Letter on Emergency Preparedness and Safety Operations
Healthcare Cases to Watch
Georgia v. Biden On December 7, 2021, a federal judge in Georgia issued nationwide injunctive relief against Executive Order 14042, which purports to require that federal contractors and subcontractors ensure that their employees are fully vaccinated against COVI-19. The Court ably explains the limits of federal authority the overreach of this order, including lack of Congressional authority. The Court found that the Procurement Act, upon which Biden relied, did not grant … [Read more...] about Healthcare Cases to Watch
Tougher Surveys for Nursing Homes on the Horizon
Last Friday, CMS issued a memo to State Survey Agency Directors directing increased scrutiny of Nursing Homes. According to Mcknight's, this means: "Surveyors are being directed to place special attention on things such as nurse staff abilities and actions, use of antipsychotics and areas of care where residents’ health and safety may be at an increased risk. That means having a more critical eye on unplanned weight loss, loss of function/mobility, depression, abuse/neglect or pressure … [Read more...] about Tougher Surveys for Nursing Homes on the Horizon
New Bed Allocation Rule for ICF’s.
As of November 8, 2021, Texas Health & Human Services has adopted a new rule regarding ICF Medicaid bed reallocation. The new rule “allows any person to request reallocated ICF/IID Medicaid beds from HHSC.” The new rule can be found here: … [Read more...] about New Bed Allocation Rule for ICF’s.
