By Jerri Lynn Ward, J.D., Garlo Ward P.C. Applies to all certified nursing facilities Starting January 1, 2003 , all Medicare and Medicaid certified facilities will be required to post the number of licensed and unlicensed nursing staff directly responsible for resident care. This must be done on a daily basis for each shift, and must be displayed in a clearly visible location where residents, staff and visitors may view it. Which employees are considered licensed and unlicensed … [Read more...] about Deadline! New Staffing Requirement for Nursing Facilities

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted August 9, 2002 You must check the Nurse Aide Registry prior to enrolling an individual in a training program such as Nurse Aide Training and Competency Evaluation Programs (NATCEP) and Competency Evaluation Programs (CEP). This is according to Provider Letter #02-27 from the Texas Department of Human Services. The Nurse Aide Registry will tell you if an individual is listed as unemployable. Nurse aides with findings of abuse, neglect, … [Read more...] about Always Check the Nurse Aide Registry First!

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

By Jerri Lynn Ward, J.D. Garlo Ward, P. C. www.garloward.com Posted October 31, 2003 It has come to my attention that the HHSC MPIU is coming into private provider ICF-MR and HCS facilities asserting that the investigator has a right to confiscate your original documents and leave you no copy. IT DOES NOT HAVE THIS RIGHT!! It has a right to access and view your original documents and to make copies at your expense. So don't fall for the investigator's assertions and threats!!! Tell … [Read more...] about The HHSC Medicaid Program Integrity Unit Has No Right To Take Your Original Documents

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

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

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

By Dana K. Stripling, JD, Of Counsel, Garlo Ward P.C. www.garloward.com Posted March 11, 2004 For all facilities When current or former employees ask to see their personnel files, whether or not you must comply is completely up to your company policy and practice. For non-governmental employers, there is no Texas law which compels an employer to allow an employee access to their personnel files, including evaluations, attendance records, supervisor notes, etc. So, if your written handbook … [Read more...] about WORKFORCE LEGAL WATCH – May I PLEASE Peer Into Your Files?

By Jerri Lynn Ward, JD, Garlo Ward, P.C. www.garloward.com Posted June 29, 2004 HHSC has published proposed rules allowing it to come to your place of business to confiscate your business records, personnel files, client charts and other documents without a warrant. The law, contract and rules previously gave HHSC the right to access these documents and to take copies made at your expense. That way, you could stay in compliance with other State and Federal laws requiring that you keep … [Read more...] about Barbarians At Your Door: Your Business Records and the New Medicaid Fraud 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