The 7th Circuit upheld a finding of Immediate Jeopardy regarding sexual encounters between residents with dementia. The facility in question had a "policy of intervening in sexual encounters only when “outward signs” of non-consent were displayed, according to court documents." CMS determined that this was not adequate to protect residents and fined the facility for $83,000. The appeal by the facility argued that the residents have a right to have consensual intimate relationships, … [Read more...] about Immediate Jeopardy Decision Upheld by 7th Circuit Court of Appeals
Employment Issues and Medical Marijuana
Even if Texas legalizes and expands medical marijuana beyond the CBD oil issue, questions will still need to be resolved in various areas of law, including employment law. This is true, even if the State passes and anti-retaliation law to protect employees who have been prescribed medical marijuana. Employers will need to fully understand when you can and can't terminate a legitimate user. This article gives a good perspective on the issue. … [Read more...] about Employment Issues and Medical Marijuana
Trump Administration Issues Plan to Promote Healthcare Choice and Competition
Here is one analysis: Details: Several of the Trump administration's recommendations mirror an April 2017 policy paper authored by health care policy experts Martin Gaynor, Farzad Mostashari and Paul Ginsburg. Show less It calls for: Repealing state laws that require providers to ask for permission to build new facilities. Allowing physician assistants and dental hygienists to do more without supervision by a doctor or dentist. More site-neutral … [Read more...] about Trump Administration Issues Plan to Promote Healthcare Choice and Competition
Incoming Democrat Congressmen will Scrutinize Decision not to Defend Obamacare in Texas Lawsuit
Questions are already being sent to the DOJ. Incoming House Judiciary Chairman Jerrold Nadler warned acting Attorney General Matthew G. Whitaker that Democrats will scrutinize the Trump administration’s decision not to defend Obamacare against a state-driven lawsuit in Texas, saying the move appeared to be a “cynical pretext” for launching another repeal attempt. Mr. Nadler, New York Democrat, noted Democrats have been peppering the Justice Department with a slew of … [Read more...] about Incoming Democrat Congressmen will Scrutinize Decision not to Defend Obamacare in Texas Lawsuit
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Cannabis Schizophrenia and Border Control
Reconciliation of state and federal law regarding cannabis has a ways to go: A Canadian investor travelling to Las Vegas, Nevada, to attend a prominent cannabis conference and tour a new cannabis facility has been issued a lifetime entry ban to the United States, according to an immigration lawyer he consulted. “He was travelling straight from Vancouver to Vegas. When they found out he was going down to tour the marijuana facility and that he was an investor in marijuana, they gave … [Read more...] about Cannabis Schizophrenia and Border Control
Hackers or Mistakes? Health Information Data Breaches.
According to a study, it's mistakes and security lapses: Most health information data breaches in the U.S. in recent years haven’t been the work of hackers but instead have been due to mistakes or security lapses inside healthcare organizations, a new study suggests. … [Read more...] about Hackers or Mistakes? Health Information Data Breaches.
Texas Hospital Corporation Indicted for Violating the Texas Mental Health Code
A criminal indictment has been issued against Sundance Behavioral Healthcare System: A corporation that runs behavioral health hospitals in North Texas has been indicted on nine criminal counts of violating the Texas Mental Health Code, accused of holding four patients involuntarily and illegally at its Arlington facility. SAS Healthcare Inc., more commonly known as Sundance Behavioral Healthcare System, is accused of knowingly violating the Texas Mental Health Code by detaining two patients … [Read more...] about Texas Hospital Corporation Indicted for Violating the Texas Mental Health Code
Class Action Suit Filed by Veterans Against VA over Medical Marijuana
The VA has been denying benefits to veterans for using prescribed medical marijuana. Now veterans are suing: Thousands of Navy and Marine Corps veterans of Iraq and Afghanistan who developed post-traumatic stress disorder but were denied Veterans Affairs health benefits have been given a green light to sue the military, under a ruling by a federal judge in Connecticut. Senior U.S. District Judge Charles Haight Jr. in New Haven on Thursday certified a class-action lawsuit against … [Read more...] about Class Action Suit Filed by Veterans Against VA over Medical Marijuana
Pre-Claim Review for Home Health Agencies Back on the Table
In 2016, CMS rolled out a pre-claim review demonstration which was stopped by stakeholders with the aid of Congress. The initiative was to require that claims be sent in earlier in the claims process. CMS has revived the initiative with some modifications. Policy experts believe that stakeholders will not be able to stop the new version of the pre-claim review. The April 2018 report of the Government Accountability Office was probably the death knell for the efforts of opponents. … [Read more...] about Pre-Claim Review for Home Health Agencies Back on the Table
