By Jerri Lynn Ward, J.D. Garlo Ward, P. C. www.garloward.com Posted October 31, 2003 It has come to my attention that the HHSC MPIU is coming into private provider ICF-MR and HCS facilities asserting that the investigator has a right to confiscate your original documents and leave you no copy. IT DOES NOT HAVE THIS RIGHT!! It has a right to access and view your original documents and to make copies at your expense. So don't fall for the investigator's assertions and threats!!! Tell … [Read more...] about The HHSC Medicaid Program Integrity Unit Has No Right To Take Your Original Documents
Department of Labor Targets Nursing Homes
By Dana Stripling, J.D., Of Counsel, Garlo Ward, P.C. www.garloward.com Includes All Facilities Posted November 10, 2003 Representatives of the U.S. Department of Labor (DOL) recently announced at a national conference that they plan to improve Fair Labor Standards Act (FLSA) compliance in the nursing home industry over the next few years. Cynthia Watson, the DOL's acting southwest regional administrator, confirmed that the agency has already committed "extensive compliance assistance … [Read more...] about Department of Labor Targets Nursing Homes
HIPAA and More
By Dana Stripling, J.D., Of Counsel, Garlo Ward, P.C. www.garloward.com Posted December 2, 2003 DHHS' Authority in HIPAA Case Unchallenged The U.S. Supreme Court has decided to let stand a court ruling that the Department of Health and Human Services (DHHS) was allowed to issue the HIPAA privacy rule. A Medical Association in South Carolina Medical Association (SCMA) v. Thompson (No. 03-114, review denied 11/2/03), argued unsuccessfully to the Supreme Court that Congress impermissibly … [Read more...] about HIPAA and More
Congress Withdraws Its Opposition
By Dana Stripling, J.D., Of Counsel, Garlo Ward, P.C. www.garloward.com Posted December 2, 2003 Congressional leaders charged with drafting legislation to fund the U.S. Department of Labor (DOL) for FY 2004 have dropped from their appropriations bill a provision that would have prevented DOL from implementing some of its plans to change the Fair Labor Standards Act's (FLSA) "white-collar" exemption rules (29 C.F.R. Part 541). Until the provision was struck from the legislation Nov. 21, a … [Read more...] about Congress Withdraws Its Opposition
WORKFORCE LEGAL WATCH – May I PLEASE Peer Into Your Files?
By Dana K. Stripling, JD, Of Counsel, Garlo Ward P.C. www.garloward.com Posted March 11, 2004 For all facilities When current or former employees ask to see their personnel files, whether or not you must comply is completely up to your company policy and practice. For non-governmental employers, there is no Texas law which compels an employer to allow an employee access to their personnel files, including evaluations, attendance records, supervisor notes, etc. So, if your written handbook … [Read more...] about WORKFORCE LEGAL WATCH – May I PLEASE Peer Into Your Files?
Barbarians At Your Door: Your Business Records and the New Medicaid Fraud Rules
By Jerri Lynn Ward, JD, Garlo Ward, P.C. www.garloward.com Posted June 29, 2004 HHSC has published proposed rules allowing it to come to your place of business to confiscate your business records, personnel files, client charts and other documents without a warrant. The law, contract and rules previously gave HHSC the right to access these documents and to take copies made at your expense. That way, you could stay in compliance with other State and Federal laws requiring that you keep … [Read more...] about Barbarians At Your Door: Your Business Records and the New Medicaid Fraud Rules
Recent Efforts to Block the New FLSA Rules
By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com Posted September 27, 2004 The House of Representatives has recently voted to block the new FLSA exemption rules, but the Senate has not approved it to date. The President has vowed to veto any such amendment. Specifically, in a 223-193 vote that saw 22 Republicans breaking rank with their party, the U.S. House of Representatives last week adopted an amendment that would prevent the U.S. Department of Labor (DOL) from enforcing any … [Read more...] about Recent Efforts to Block the New FLSA Rules
Understanding the Anatomy of a Level of Need Appeal
By Jerri Lynn Ward, J.D., Garlo Ward P.C. www.garloward.com Posted September 29, 2004 This is for HCS and ICFMR programs. It is now, more than ever, important to understand the Level of Need (LON) process. Perhaps due to tightening budgets and increased scrutiny, more LON requests and renewals are being rejected. The information that you put in your packet for consideration is becoming increasingly important. Preparing Your Packets for Consideration and Reconsideration: As you all … [Read more...] about Understanding the Anatomy of a Level of Need Appeal
A Little Sidestep: Rate Cuts to Provoke Restructuring of Reimbursement Program
By Paula Schmitz, Ph.D., J.D., M.B.A., C.F.A. Of Counsel, Garlo Ward, P.C. www.garloward.com Posted July 17, 2003 "I'll continue to stand tall, You can trust me, For I promise, I shall keep a watchful eye upon ya'll, Ooo I love to dance a little sidestep, Now they see me, now they don't, I've come and gone, AND Oooo I love to sweep around the wide step, Cut a little swathe and lead the people on." - "The Sidestep," The Best Little Whorehouse in Texas (Lyrics used for educational … [Read more...] about A Little Sidestep: Rate Cuts to Provoke Restructuring of Reimbursement Program
A Little Sidestep: Have You Been Paid by Tricare Lately?
By Paula Schmitz, Ph.D., J.D., M.B.A., C.F.A., Of Counsel, Garlo Ward, P.C. www.garloward.com Posted September 5, 2003 Ooo I love to dance a little sidestep, Now they see me, now they don't, I've come and gone, AND Oooo I love to sweep around the wide step, Cut a little swathe and lead the people on." - "The Sidestep," sung by the Governor in The Best Little Whorehouse in Texas Have you been paid by Tricare lately? If your answer is "no" you are not alone. Whether … [Read more...] about A Little Sidestep: Have You Been Paid by Tricare Lately?