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Tougher Surveys for Nursing Homes on the Horizon

Last Friday, CMS  issued a memo to State Survey Agency Directors directing increased scrutiny of Nursing Homes.  According to Mcknight’s, this means: “Surveyors are being directed to place special...

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Healthcare Cases to Watch

    Georgia v. Biden On December 7, 2021, a federal judge in Georgia issued nationwide injunctive relief against Executive Order 14042, which purports to require that federal contractors and...

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ICF-MR–New Texas Provider Letter on Emergency Preparedness and Safety Operations

This was posted on March 21, 2022.   “New 40 TAC §90.50, regarding emergency preparedness and response, requires an ICF/MR, whether licensed or exempt from licensure, to develop an emergency...

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COVID-19 Updates and Q&A HHSC Long-Term Care Regulation and Department of...

    HHS has posted a webinar with Covid-19, including regarding the end of waivers.  You can access the PowerPoint here.  The audio is here. The post COVID-19 Updates and Q&A HHSC Long-Term Care...

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Dawn Begins to Break

New York’s Richmond County Supreme Court recently ordered workers fired for refusing to take the vaccine and whose requests for exemptions were denied the reinstated with back pay. One of the most...

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Proposed Worker Classification Rule

The DOL continues its efforts to rule over American businesses in a “one-size fits all” approach.  Its hatred of independent contracting once again emerges.  Then, of course, after further exacerbating...

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New Appeals Rules Effective 1-1-23

  As of January 1, 2023, appeal cases for Home and Community-based Services and Texas Home Living administrative penalties, contract terminations, vendor holds, recoupments, and denial of payment from...

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Proposed Rule Banning and Rescinding Non-competes

    The FTC has proposed a rule which would ban employers from using non-compete clauses in employment contracts.  Additionally, it would require employers to rescind any existing contract clauses....

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Interesting Supreme Court Case Regarding the False Claims Act

                                On June 1, 2021, the U.S. Supreme Court ruled in the qui tam case,  U.S. ex rel. Schutte v. SuperValu Inc , that the scienter (intent or knowledge of wrongdoing)...

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Misuse of Clinical Practice Guidelines

    The Association of American Physicians and Surgeons is sounding the alarm on the abusive use of CPG’s against doctors.  Instead of being treated as guidelines, they are being treated as mandates to...

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