Articles and Blogs

Year: 2012

Another Antipsychotic Measure Fails to Pass

[07/06/12]

Posted on July 6, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In an on-going push to regulate the use of antipsychotic medications in nursing facilities, another piece of legislation has failed to pass Congress.  The Senate did not pass a proposed regulation that would have standardized protocols for obtaining informed consent before administering antipsychotics for off-label use.   READ MORE

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NLRB Says NO! to “No-Access” Rule for Off-Duty Employees

[07/06/12]

Posted on July 6, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Earlier this week, the NLRB continued its scrutiny of “overly broad” employer policies.  This time the NLRB held that a hospital’s “No-Access” rule for off-duty employees was unlawful because it gave too much discretion to the employer to determine what access was permitted.  The hospital’s policy was not at all that unusual and provided:  READ MORE

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BLS Report Details Time Spent on Elder Care

[07/06/12]

Posted on July 6, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Since 2003, the Bureau of Labor Statistics (BLS) has asked Americans to detail how their time was spent during the last 24 hours.  Derived from a sample of 12,500 respondents, the American Time Use Survey (ATUS) details the average number of minutes spent daily in traffic, on the phone, shopping, cooking, etc.  Only last year was... READ MORE

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Employee Disloyalty “Too Close to Call” for the NLRB

[07/05/12]

Posted on July 5, 2012 in HR Insights for Health Care

Written by: Meek, Travis P.

In an interesting display of seeming uncertainty, the NLRB’s Division of Advice recommended the dismissal of an unfair labor practice charge against an employer.  In this case, a union alleged that an employer unlawfully threatened its employees over a flyer containing statements that the worksite was contaminated with toxic, unhealthy chemicals.  In an effort to... READ MORE

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Revised Nursing Home Compare Website Poised to Launch Later This Month

[07/03/12]

Posted on July 3, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Nursing Home Compare website, originally launched in 1998, is set to launch with a redesign July 19th.  The Centers for Medicare & Medicaid Services (CMS) claims the redesign adopts industry design and usability best practices while also incorporating a considerable amount of new information to increase transparency and usability for consumers.   READ MORE

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CMS Releases Further Information of QAPI Program Implementation

[07/03/12]

Posted on July 3, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) has released a S&C Letter detailing the Nursing Home Quality Improvement Questionnaire (NHQIQ) discussed earlier this week.   The Affordable Care Act (ACA) mandates CMS to establish standards and provided technical assistance to nursing homes on the development and best practices relating to Quality Assurance and Performance Improvement... READ MORE

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CMS to Poll 4,200 Nursing Facilities to Best Develop QAPI Standards

[07/02/12]

Posted on July 2, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) is giving nursing home providers the opportunity to participate in the development of a new quality improvement initiative that was mandated by the Affordable Care Act (ACA).  While few people expected any issues with the implementation of the provisions in the ACA that affected long-term care... READ MORE

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Need Time? DOL Publishes FMLA Help for Employees…and Employers

[06/30/12]

Posted on June 30, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

In an effort to reach out to employees who may not be aware of their rights for a leave of absence under the FMLA, the U. S. Department of Labor has set up a webpage that contains a great deal of helpful information.  The information is contained in a downloadable 16-page booklet – “Need Time? The... READ MORE

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This Week in Washington 06/29/12 – Featuring Supreme Court Ruling Analysis

[06/29/12]

Posted on June 29, 2012 in Federal Advocacy

Written by: John Williams

Future of the Affordable Care Act: The Debate Rages On… Yesterday, the Supreme Court upheld the constitutionality of the Affordable Care Act’s (“ACA”) individual mandate by a 5-4 majority (click here to view Hall Render’s Broadcast sent 06/28/12).  Yet the fate of the landmark legislation remains far from decided.  On Capitol Hill, Republicans will... READ MORE

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IRS Proposed Regulations on New Requirements for Charitable Hospitals: Part IV – The Billing and Collection Provisions

[06/28/12]

Posted on June 28, 2012 in Health Law News

Published by: Hall Render

This Health Care Tax News article is Part IV in a series discussing the Proposed Regulations under Code Section 501(r).  The first installment provided an overview of the Proposed Regulations, including the definitions of “Hospital Organizations” and “Hospital Facilities,” the second installment addressed the requirements for maintaining written financial assistance policies and written emergency... READ MORE

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