Last week, US District Court Judge Ada Brown extended an earlier ruling blocking the FTC's rule banning noncompetes to all employers, and not just those who were parties to the case before her. This follows the Supreme Court's decision to overturn the Chevron doctrine, which had ushered in decades of agency overreach and usurpation of legislative power. The FTC may appeal the decision, but the Supreme Court most likely will uphold the decision. However, health providers must ensure that … [Read more...] about FTC’s Overreach Blocked. Good News for Long-Term Care and Senior Living Center Operators
Ding Dong, The Wicked Witch is Dead–Bye Bye Chevron Doctrine
And you can see the managerial-professional class that detests the idea of separation of powers and checks and balances have a meltdown. … [Read more...] about Ding Dong, The Wicked Witch is Dead–Bye Bye Chevron Doctrine
Guidance on the Revised NATCEP Survey Process
Texas HHSC has published guidance on the Revised NATCEP Survey Process that went into effect in March 2024. Please recall that these reviews have been moved to the Licensing and Credentialing unit and will no longer be performed by Survey Operations staff. … [Read more...] about Guidance on the Revised NATCEP Survey Process
When Truth is Treason in an Empire of Lies
Professor Jonathan Turley reports on troubling action taken by the Oregon Medical Board. There is a controversy in Oregon over a proposed change in the ethics rule from the Oregon Medical Board. At issue is the use of “microaggressions” to discipline doctors and to make reporting such transgressions mandatory for all doctors. It seems before you can give stitches, you have to join snitches under one of the most ambiguous categories of prescribed speech. I … [Read more...] about When Truth is Treason in an Empire of Lies
The CMS Minimum Staffing Standards for Long-Term Care Facilities is Effective June 21, 2024
Isn't it interesting how bureaucracies believe they can conjure the expected results like magic if they pass a rule? It's like the alchemists of old who were, essentially, practicing wizardry. You can find the new rule here, introduced by the typical word salad employed by governmental agencies. Did you know that you are presumed to be "hiding profits?" "There is also evidence that facilities have additional funding that they could be devoting to staffing. For example, one paper found … [Read more...] about The CMS Minimum Staffing Standards for Long-Term Care Facilities is Effective June 21, 2024
Misuse of Clinical Practice Guidelines
The Association of American Physicians and Surgeons is sounding the alarm on the abusive use of CPG's against doctors. Instead of being treated as guidelines, they are being treated as mandates to quash robust debate and to curtail independent medical judgment of physicians: “CPGs are based entirely on consensus,” Dr. Huntoon writes. “They are often influenced or driven by profit, cost containment, and politics, and may vary widely depending on the underlying incentives of … [Read more...] about Misuse of Clinical Practice Guidelines
Interesting Supreme Court Case Regarding the False Claims Act
On June 1, 2021, the U.S. Supreme Court ruled in the qui tam case, U.S. ex rel. Schutte v. SuperValu Inc , that the scienter (intent or knowledge of wrongdoing) element of the False Claims Act is the defendant's "knowledge and subjective belief" as opposed to what an objectively reasonable person may have known or believed. This overturns some other circuits' … [Read more...] about Interesting Supreme Court Case Regarding the False Claims Act
Proposed Rule Banning and Rescinding Non-competes
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
