By Jerri Lynn Ward, J. D. Garlo Ward P.C. www.garloward.com Posted February 12, 2004 Said the cunning Spider to the Fly, " Dear friend what can I do, To prove the warm affection I 've always felt for you? I have within my pantry, good store of all that's nice; I'm sure you're very welcome -- will you please to take a slice?" "Oh no, no," said the little Fly, "kind Sir, that cannot be, I've heard what's in your pantry, and I do not wish to see!" Alas, alas! how very soon this … [Read more...] about Reporting Deaths to the Attorney General’s Office

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. www.garloward.com Posted October 4, 2004 It was a time when reimbursements were cut to the bone, and when Providers were set upon by Regulators and Plaintiff's Personal Injury Lawyers. It was an age undreamed of— when out of Austin Texas a New Threat appeared! Let me tell you of the days when there appeared... Barbarians at your Door!!! In 2003, the Legislature, faced with a shortfall of revenue, delivered two successive and painful … [Read more...] about Barbarians At Your Door: Of the MFCU, the OIG and Formidable Alliances

Posted June 15, 2000 Effective January 1, 2000, HCFA is continuing remedies when, on a follow-up survey, the deficiencies from the initial survey are determined corrected but new deficiencies are identified. Previously, this situation resulted in ending the previous action and a new action began. Now the entire period from the first survey until all deficiencies are corrected is considered the period of noncompliance, even though the deficiencies from the first survey are determined … [Read more...] about Change in Survey Procedures When New Deficiencies Found on a Follow-Up Survey!

by Jerri Lynn Ward, Garlo Ward, P.C. Posted December 28, 2000 As many of you know, a common adverse action recommended by the Texas Department of Human Services is the Denial of Payment for New Admissions or DOPNA. Generally, this recommendation is accepted and imposed by the Health Care Financing Administration. In the past it was understood a facility would receive a refund for any payments denied for new admissions should the facility clear before the DOPNA went into effect. (Often … [Read more...] about Serious Effects of a DOPNA (Denial of Payment for New Admissions)

Posted March 26, 2001 Adversarial matters in health care are unfortunately becoming more numerous and frequent, from patient or employee related claims or litigation to administrative law proceedings based upon facility investigations by government regulators. At Garlo Ward, P.C., we strive to assist our clients to address and resolve such legal matters in the most expeditious and cost-effective manner possible. For that reason, this article explores the ways in which clients can work closely … [Read more...] about How To Save Money & Work With Your Attorney

Posted June 27, 2001 In November of 2000, the Houston Court of Appeals (145th District) interpreted the meaning of "neglect" under the Health & Safety Code in Gonzales v. Methodist Retirement Communities, 33 S.W.3rd 882. Because the legislature did not define this term, the Court looked at common usage. Looking at dictionaries such as Webster's, the Court focused on terms such as "omit, disregard, and ignore." Thus, the Court concluded that the intent: "most likely meant in Section … [Read more...] about Interpretation of “Neglect” Under 242.133 of the Health & Safety Code

Posted July 6, 2001 Please contact Jerri Lynn Ward for more information. Determine if your organization is a covered entity. Chances are, if you're in the healthcare field, you're covered directly or indirectly. Make a list of all persons or organizations that do business with you and have access to patient information. These people will likely be "business associates" under the rule and need to comply with its requirements, also! Determine what patient information is commonly … [Read more...] about Ten Things You Can Do Right Now to Start Your HIPPA Compliance Program

Posted July6, 2001 On May 17, 2001, TDHS announced that it approved rules for palliative care plans under 40 TAC § 19.802. The rules went into effect June 1, 2001. TDHS also provided a form that can be used when palliative care is being provided. TDHS stated that use of this form is optional and that it may be helpful to facility staff and surveyors. We advise that nursing facilities use this form, or a similar one, despite its use being labeled as "optional" by TDHS. Not only will it … [Read more...] about Palliative Plans of Care Approved by TDHS

The Long-Term Care Facility Improvement Act Posted July 30, 2001 Out of the 67 bills filed relating to nursing homes, 28 passed. The most significant piece of legislation is Senate Bill 1839. Senate Bill 1839 was named the Long-Term Care Facility Improvement Act. It incorporated much of other previously filed legislation into one bill. We are providing a summary of this bill for your convenience. Article 2 -- Exemplary Damages. If exemplary damages are awarded under Chapter 41, Civil … [Read more...] about Legislative Summary of Senate Bill 1839

Posted September 7, 2001 Senate Bill 177 authorizes the use of audio and video surveillance. Use of an electronic monitoring device is considered to be covert if the placement of the device is not open and obvious and the facility and TDHS are not informed about the device by the resident, by a person who placed the device, or by a person who is using the device. TDHS will prescribe a form that must be completed and signed on admission identifying liability, discusses covert … [Read more...] about Legislative Summary of Senate Bill 177: Electronic Monitoring Devices in the Rooms of Residents of Nursing Homes