In September of 1995, the Texas Medicaid Fraud Prevention Act, as enacted by the 74th Texas Legislature, went into effect. The Act, found in Chapter 36 of the Texas Human Resources Code,seeks to address and punish those individuals and entities, participating in the Medicaid program, found to have defrauded the State Medicaid program. The greatest potential ramifications may apply especially to nursing homes, assisted living facilities, intermediate care facilities for the mentally retarded … [Read more...] about Alert to Nursing Homes and Other Providers of Potential Sanctions and Penalties Under the Medicaid Fraud Prevention Act

By Jerri Lynn Ward, J.D. & Ashley Katz, Paralegal The Informal Dispute Resolution (IDR) sets up your entire case, helps to build the defense, and organize the pertinent documents early on in the game. When to IDR: Anytime you have a defense Old tags if the tag was cited again with new findings in the survey Anytime the scope and severity could be reduced Tags without penalties if there is a concern for the facility's history Possible Benefits of an IDR: Survey is … [Read more...] about To IDR or not to IDR – That is the Question

Garlo Ward, P.C. has a very important goal: to offer only effective and efficient legal services. The first section of our mission statement illustrates this goal perfectly. To provide high-quality, individualized, value-added legal services in a cost-effective manner with integrity, honesty and loyalty. In carrying out this mission, we are constantly searching for the most effective methods of legal defense, risk management and settlement negotiations. Over the past year, our firm has … [Read more...] about The IDR Process – The Latest, Most Cost Effective, Legal Tool

Posted April 25, 2002 Nursing facilities in Texas are struggling to keep afloat. With dramatic increases in liability insurance premiums, the second lowest amount reimbursed to facilities per resident in the nation, and significant civil monetary or administrative penalty imposition by the State and CMS, it is not surprising that numerous facilities are shutting their doors across the State. Given these conditions, it is important that nursing facilities be reimbursed for services provided … [Read more...] about Fighting for Dollars to Keep Afloat

Posted April 28, 2002 It takes just one dissatisfied patient to endanger your reputation and ability to practice or attract potential patients. Regardless of how unwarranted or inaccurate a patient's complaint against a particular dentist may be, each and every investigation conducted by the Board of Dental Examiners must be taken very seriously, as the ramifications may be grave. In these investigations, it is important to be familiar with the process and your rights. Every sanction … [Read more...] about Benefits of Legal Representation in Investigations

Posted May 6, 2002 By Jerri Lynn Ward, J.D. As you know, Texas Senate Bill 177, effective June 15, 2001, authorizes overt electronic monitoring in the rooms of nursing home patients. Monitoring would include use of video cameras and audiotaping. The purpose of this article is to give you the basics for dealing with this law. Nursing homes are required to accommodate the request of any resident to conduct electronic monitoring, and may not refuse or discharge a resident who … [Read more...] about The Continuing Saga of the Granny Cam Law

Posted May 23, 2002 If you are a doctor, you're aware of the risks you face when dealing with patients. Unsatisfied patients can file complaints against you and seek disciplinary action, and it is possible that your license to practice may be placed in jeopardy. Other issues such as substance abuse or mental disorders can limit your ability to practice medicine. You should know your rights and the process that is followed when an alleged violation of the Medical Practice Act occurs so that … [Read more...] about Helpful Information to Protect Your License to Practice Medicine in Texas

Posted June 4, 2002 Please contact Jerri Lynn Ward for more information. The Department of Health and Human Services ("HHS") has proposed changes to the Standards for Privacy of Individually Identifiable Health Information ("Privacy Rule") to address the importance of protecting the privacy of health information following the passage of the Health Insurance Portability Act of 1996 ("HIPAA"). The Standards were issued in proposed format in November of 1999, and became final on … [Read more...] about Proposed Changes to the Standards for Privacy of Individually Identifiable Health Information

By Jerri Lynn Ward, esq., Garlo Ward, P.C. with Interviews with Rose Ireland, Texas Association of Homes and Services for the Aging; and L. Eric Friedland, esq., Martin & Friedland, P.C. Posted June 27, 2002 We live in the most litigious society in the world. The effect is corrosive to the human spirit and to attempts to improve the human condition. This is demonstrated day after day by television pundits and trial lawyers as they continually engage in the "blame game." Each day, you see … [Read more...] about The Quality Assessment and Assurance Committee

Posted July 17, 2002 By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Recent amendments to rules 222.1-222.10 of the TAC clarify the definition of professional nursing and the duties of Advanced Practice Nurses. Advanced practice nurses with limited prescriptive authority can: sign prescription drug orders in alternate sites where the physician has delegated the authority to do so, and sign prescription drug orders in sites where the Texas State Board of Medical Examiners has granted … [Read more...] about Prescriptive Authority of Advanced Practice Nurses