New Ruling on Companionship Exemption Possible, HEALTH CARE PROVIDERS CONTINUE TO BE TARGETED BY DOL, PRIVATE SETTLEMENTS OF WAGE AND HOUR DISPUTES PERMITTED, AND NEW RIGHT OF APPEAL AVAILABLE IN WAGE CLAIMS By Dana Stripling, JD, Of Counsel Garlo Ward, P.C. www.garloward.com Posted Monday, August 16, 2005 Wage & Hour Alert: U.S. Supreme Court Considering Review of FLSA "Companionship Exemption" The U.S. Supreme Court has recently requested the U.S. Solicitor General's opinion in a … [Read more...] about From the WAGE AND HOUR Desk
Paying Nurse Practitioners or Physician Assistants Hourly?
By Dana Stripling, JD, Of Counsel Garlo Ward, P.C. www.garloward.com Posted Wednesday, June 1, 2005 Even though nurse practitioners and physician assistants, who have standardized licensing requirements and perform direct patient care, may provide a higher level of "professional" healthcare services, they remain non-exempt "hourly" employees in the eyes of the U.S. Department of Labor (DOL) unless they also meet the Department's stringent "salary" requirement. As explained last month by … [Read more...] about Paying Nurse Practitioners or Physician Assistants Hourly?
Sue Bob’s Diary: Adventures in HIPAA Land- What’s It All About, ALF?
By Jerri Lynn Ward, J.D. There I was on the lush, green and beautiful grounds of The Ranch on the River, the Assisted Living Facility located in our little Hill Country Town. I had come down for the day to visit my Aunt Bernice who is one of the residents there. The Ranch on the River is located a few miles outside of civilization on the river that continues on through town. The Ranch was once a popular resort that fell out of favor as it aged and new resort condos were built in the … [Read more...] about Sue Bob’s Diary: Adventures in HIPAA Land- What’s It All About, ALF?
Don’t Forget To Shred, Burn, Smash and Otherwise Pulverize the Trash�
By Dana Stripling, JD, Of Counsel Garlo Ward, P.C. www.garloward.com Posted Wednesday, June 1, 2005 Don't forget that as of today, June 1, 2005, the Fair and Accurate Credit Transactions Act requires employers to properly destroy (shred or burn, smash or wipe) any consumer reports containing employees' personal information that are being discarded. All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, … [Read more...] about Don’t Forget To Shred, Burn, Smash and Otherwise Pulverize the Trash�
Employment Law Update: Job Protection for Returning Military; New DOL Forms Available; and the Flu Shots Shortage
By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com Posted November 16, 2004 Administration Strengthens Job Protections for Returning Military -- U. S. Labor Secretary Elaine Chao and Attorney General John Ashcroft have signed a plan to strengthen and streamline enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Administration has delegated the Department of Labor's enforcement responsibilities under the USERRA to the Veteran's Employment … [Read more...] about Employment Law Update: Job Protection for Returning Military; New DOL Forms Available; and the Flu Shots Shortage
The Texas Medical Foundation
By Heather Rutland, J.D., Of Counsel, Garlo Ward P.C. Posted December 6, 2004 What is the Texas Medical Foundation? What information do I have to give them? What can they do with their information? What information do they have to give to me? These are all important questions for any health care facility, and the following article will give you a general walkthrough of each of these issues. Issues addressed in this article: What is the Texas Medical Foundation? What … [Read more...] about The Texas Medical Foundation
Deficiencies of the Weird
By Jerri Lynn Ward, J.D. Garlo Ward, P.C. Posted Feb. 5, 2004 I've got those dishwasher blues�. Surveyors in the Houston region of TDHS put a facility in Immediate Jeopardy because while the surveyors were in the building the heating element in the dishwasher malfunctioned right in front of the dietary manager and the surveyors. All of the previous water temperatures had been at the correct level. This time, the temperature was shown to be 88, so the dietary manager stopped the … [Read more...] about Deficiencies of the Weird
Random Bits Learned From The IDR Process
First, if you are doing your own IDR rebuttal, make sure that every page from a resident's chart (even if it is a back page) has the resident's name and a date on it. Second, make sure the names and dates are legible.Many times, a facility's defense to treatment issues is the fact that the resident or responsible family members refused treatment or diagnostic tests. This defense will not fly unless you are able to demonstrate informed consent on the part of the resident or responsible family … [Read more...] about Random Bits Learned From The IDR Process
The Compassion of Hospice: Dame Cecily Saunders
I wrote yesterday of the passing of Dame Cecily, the founder of modern hospice. Today, I find a beautiful article by Wesley J. Smith about the purpose of hospice as envisioned by Dame Cecily. Click here to read the article. … [Read more...] about The Compassion of Hospice: Dame Cecily Saunders
Founder of Hospice, Dame Cicely Saunders, Dies
Dame Cicely Saunders has died in the hospice she founded.Dame Cicely Saunders, who died yesterday aged 87, was regarded as the mother of the modern hospice movement; at St Christopher's Hospice, Sydenham, south London, founded in 1967, she charted new approaches in techniques for treatment of the terminally ill, based on her Christian belief that no human life, no matter how wretched, should be denied dignity and love.--snip--Cicely Saunders first had the idea of creating a modern hospice in … [Read more...] about Founder of Hospice, Dame Cicely Saunders, Dies