By Dana Stripling, JD, Of Counsel Garlo Ward, P.C. www.garloward.com Posted Wednesday, June 1, 2005 Don't forget that as of today, June 1, 2005, the Fair and Accurate Credit Transactions Act requires employers to properly destroy (shred or burn, smash or wipe) any consumer reports containing employees' personal information that are being discarded. All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, … [Read more...] about Don’t Forget To Shred, Burn, Smash and Otherwise Pulverize the Trash�
Employment Law Update: Job Protection for Returning Military; New DOL Forms Available; and the Flu Shots Shortage
By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com Posted November 16, 2004 Administration Strengthens Job Protections for Returning Military -- U. S. Labor Secretary Elaine Chao and Attorney General John Ashcroft have signed a plan to strengthen and streamline enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Administration has delegated the Department of Labor's enforcement responsibilities under the USERRA to the Veteran's Employment … [Read more...] about Employment Law Update: Job Protection for Returning Military; New DOL Forms Available; and the Flu Shots Shortage
The Texas Medical Foundation
By Heather Rutland, J.D., Of Counsel, Garlo Ward P.C. Posted December 6, 2004 What is the Texas Medical Foundation? What information do I have to give them? What can they do with their information? What information do they have to give to me? These are all important questions for any health care facility, and the following article will give you a general walkthrough of each of these issues. Issues addressed in this article: What is the Texas Medical Foundation? What … [Read more...] about The Texas Medical Foundation
Deficiencies of the Weird
By Jerri Lynn Ward, J.D. Garlo Ward, P.C. Posted Feb. 5, 2004 I've got those dishwasher blues�. Surveyors in the Houston region of TDHS put a facility in Immediate Jeopardy because while the surveyors were in the building the heating element in the dishwasher malfunctioned right in front of the dietary manager and the surveyors. All of the previous water temperatures had been at the correct level. This time, the temperature was shown to be 88, so the dietary manager stopped the … [Read more...] about Deficiencies of the Weird
Random Bits Learned From The IDR Process
First, if you are doing your own IDR rebuttal, make sure that every page from a resident's chart (even if it is a back page) has the resident's name and a date on it. Second, make sure the names and dates are legible.Many times, a facility's defense to treatment issues is the fact that the resident or responsible family members refused treatment or diagnostic tests. This defense will not fly unless you are able to demonstrate informed consent on the part of the resident or responsible family … [Read more...] about Random Bits Learned From The IDR Process
The Compassion of Hospice: Dame Cecily Saunders
I wrote yesterday of the passing of Dame Cecily, the founder of modern hospice. Today, I find a beautiful article by Wesley J. Smith about the purpose of hospice as envisioned by Dame Cecily. Click here to read the article. … [Read more...] about The Compassion of Hospice: Dame Cecily Saunders
Founder of Hospice, Dame Cicely Saunders, Dies
Dame Cicely Saunders has died in the hospice she founded.Dame Cicely Saunders, who died yesterday aged 87, was regarded as the mother of the modern hospice movement; at St Christopher's Hospice, Sydenham, south London, founded in 1967, she charted new approaches in techniques for treatment of the terminally ill, based on her Christian belief that no human life, no matter how wretched, should be denied dignity and love.--snip--Cicely Saunders first had the idea of creating a modern hospice in … [Read more...] about Founder of Hospice, Dame Cicely Saunders, Dies
Unintended Consequences
Back last November, I wrote about rumblings in Florida to require criminal background checks on prospective resident. In Illinois, they've apparently passed such a law and are now about to suffer the consequences:Emergency rules implementing the recently signed legislation require all 100,000 current nursing home residents to undergo a criminal background check and be checked against sex offender databases maintained by the Illinois State Police and the Illinois Department of Corrections. The … [Read more...] about Unintended Consequences
A Discovery in the Fight Against Alzheimers & Dementia
The Washington Post is reporting that a new study may have identified a protein linked to memory loss:Some recovery of memory may be possible in the early stages of Alzheimer's disease, suggests a provocative new study in mice that could help researchers open a two-pronged attack against the mind-robbing illness.The research shows a mutant protein named tau is poisoning brain cells, and that blocking its production may allow some of those sick neurons to recover. It worked in demented mice who, … [Read more...] about A Discovery in the Fight Against Alzheimers & Dementia
Arbitration Agreements–Good Case!
The Texas Supreme Court has issued a favorable ruling for Medicare providers who use arbitration agreements. In a case involving a Texas nursing home, the Court ruled that the trial court should have compelled arbitration. You can find the case by clicking here.The Court considered the question as to whether the Federal Arbitration Act should apply in the case or the Texas Arbitration Act. The Texas Act is not as favorable to providers as the Federal Act is because the Texas Act requires that … [Read more...] about Arbitration Agreements–Good Case!