By Jerri Lynn Ward, J.D., Garlo Ward P.C. and Rose Ireland, Director of Clinical Services, Texas Association of Homes and Services for the Aging Posted July 1, 2003 You may have recently received a copy of a June 12, 2003 letter from the Director of the Survey and Certification Group of CMS to the State Survey Agency Directors regarding HIPAA compliance and survey information. The letter accompanies a letter template that CMS suggests Survey Agencies such as TDHS send to facility … [Read more...] about CMS Consults Feng Shui Expert Instead of Reading Law
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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
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
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?
Deficiencies of the Weird
By Jerri Lynn Ward, J.D., Garlo Ward P.C. www.garloward.com Posted March 5, 2004 TDHS Surveyor Becomes Image Consultant (Contributed by Rose Ireland from TAHSA) A facility in West Texas was cited after a surveyor became concerned because a resident's hair had not been blow-dried and was towel dried and drying naturally. The resident's hair was permed-and as most people know, modern permanent's are not supposed to be blow dried for the first forty-eight hours and even after that are … [Read more...] about Deficiencies of the Weird
Sue Bob’s Diary: Adventures in HIPAA Land; Let’s Do A Tap Dance on a Trial Lawyer’s Head – Showdown at the Serendipity
By Jerri Lynn Ward, J.D. The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke- (1729-1797), Irish philosopher, statesman. I was visiting all of my grandparents at the Serendipity Village Rest Home early this fine Saturday morning. The Serendipity is the local nursing home in our little Texas Hill Country town. We were out in the front yard enjoying the morning before the afternoon summer heat came to chase us back into the air conditioning. … [Read more...] about Sue Bob’s Diary: Adventures in HIPAA Land; Let’s Do A Tap Dance on a Trial Lawyer’s Head – Showdown at the Serendipity
Publications Archive
News Flashes ArchiveArticles ArchiveSue Bob's Diary ArchiveNews Flashes Archive Understanding the Anatomy of a Level of Need Appeal Posted September 29, 2004 Recent Efforts to Block the New FLSA Rules Posted September 27, 2004 Barbarians At Your Door: Your Business Records and the New Medicaid Fraud RulesPosted June 29, 2004 WORKFORCE LEGAL WATCH - May I PLEASE Peer Into Your Files?Posted March 11, 2004 Congress Withdraws Its Opposition to Proposed DOL Wage and Hour Exemption Posted December 2, … [Read more...] about Publications Archive
