May 25, 2013
3800 VerMaas Place, Suite 200
Lincoln, NE 68502 (map)
Phone: 402.475.7011
Toll Free: 800.714.3439

New W-Visa to Help Nursing Homes Fill Jobs

There are many jobs at nursing homes that even desperate unemployed Americans won’t consider because they are seen as too demanding.  A solution to this employment problem could be as simple as immigration reform, one of President Obama’s highest priorities.

A new visa, called the W-Visa, would cover low-skilled workers employed by a variety of non-seasonal industries, including long-term care. Beginning in 2015, the program would admit 20,000 workers, and then it will progressively go up in subsequent years with a cap of 200,000. The yearly allotment of available visas would vacillate based on factors such as the national unemployment rate. The W-Visa beneficiaries would be paid the same wages as American workers or industry-standard wages, and would be able to apply for permanent residency and citizenship.

The American Health Care Association urged lawmakers to allow nursing homes to employ more immigrant workers in order for nursing home operators to fill vacancies and to save money. Fred Benjamin, chairman of the Kansas Health Care Association and COO of Medicalodges Inc., addressed a Congressional panel about this issue.

“We’ve offered signing bonuses, set up tables in grocery stores, sent direct mail, posted job openings on the Web, even laundromats, and it’s still not enough to fill positions,” he said. “It’s tough work taking care of people…but we believe there are a lot of people from other countries who would gladly take these jobs.” said Fred Benjamin.

Disclosure Rule to be Later than Scheduled

   A controversial provision of the HITECH Act may very well not be finalized by the January 1, 2014 deadline.  Leon Rodriquez, Director of the HHS Office for Civil Rights, stated during the Health Care Compliance Association’s annual conference that the deadline for the HITECH rule was now “fluid”, and he did not give any indication when the rule could be issued as the agency is still reviewing the comments it has received in regards to the rule.

   Under HIPAA providers are required to give people certain information about how their healthcare data has been shared.  Once this provision of HITECH takes effect it will allow a person to ask for a simple version of the existing HIPAA disclosure and a report that would include a wide range of information.  That information would include the names of the individuals who have accessed the health information and what those individuals did with the records.  Also under HITECH, the provider will only have 30 days to respond to the person’s request v. the current 60 days under HIPAA. 

   The American Health Care Association (AHCA) states that the current 60 day timeline should be maintained as it is impractical to believe that a provider can put together such a comprehensive report in that time period.  In addition, AHCA states that the aggregate access report requirement should be eliminated for long-term care providers due to the fact that in cases involving a nursing home resident, their health record will be comprised of both paper and electronic information from a variety of places such as the hospital, pharmacy, therapists and so on.  AHCA states that if not eliminated then it should be limited to just the system that that provider maintains and controls. 

   HHS received over 400 comments after the proposed rule was released in May 2011.  Some providers believe the rule should be eliminated due to it being excessively burdensome while other providers state that they feared a disgruntled patient could and would retaliate against any employees named in the access report. 

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Join us in making a

difference in the lives of Lincoln’s children!

Spreading Peanut Butter, Jelly and Generosity

The Knudsen Law Firm is participating in a peanut butter and jelly drive for the Food Bank of Lincoln’s BackPack Program.  From March 27th through April 3rd, Knudsen Law Firm will be collecting peanut butter and jelly.  On April 2nd you can enjoy unique PB & J dishes at Carmela’s Bistro & Wine Bar, Honest Abe’s Burgers & Freedom, The Lodge at Wilderness Ridge, Crave, Brix & Stone Gastro Pub and Bread & Cup.  The donations and proceeds from the PB & J dishes will go to help the Food Bank of Lincoln and their BackPack Program to help provide food to some of the 18,000 food insecure children in southeast Nebraska.

Knudsen PBJ Poster

Trev Peterson to present at Business Bootcamp

May 21, 2013

Trev E. Peterson will be presenting to the Business Bootcamp on May 21, 2013 in Omaha.  Trev will cover the following topics:

  • Forming Limited Liability Companies (LLCs)
  1. Initial Considerations
  2. Drafting Articles of Organization
  3. Drafting the Operating Agreement
  4. Rights and Duties of buy cheap viagra Members
  5. Management Structure
  6. Assignments of Membership Interests
  7. Buy-Sell Provisions
  8. Security Interests
  9. Disassociation
  10. Dissolution and Liquidation

 

 

Anatomy of a Lawsuit Presentation

March 28, 2013
9:00 amto10:30 am

Jeanelle Lust and online viagra Kevin McManaman will be presenting “Anatomy of a Lawsuit” to the NEHCA on Thursday, March 28, 2013.

Nursing Home Litigation Presentation

March 22, 2013

Jeanelle Lust will be speaking on Nursing Home Litigation at the Annual 2013 Estate Planning and Probate Institute – Trust Us: Make of it

What You Will

Rambo Litigation Tactics Seminar

March 22, 2013

On

Friday, March 22, 2013 at 9 a.m., Jeanelle R. Lust will be speaking to the Young Lawyers Section of the NSBA on Rambo Litigation Tactics.

Top Title Defects-Cured Seminar

April 3, 2013

On Wednesday, April 3, 2013, Trev E. Peterson and Laura K. Essay will be speaking at Top Title Defects-Cured seminar in Omaha, Nebraska on the following topics:

  • Foreclosure Issues
  • Judgments and Liens
  • Estate Issues
  • Unpaid Taxes

Trev has nearly 30 years of experience in the commercial and real estate lending, bankruptcy, foreclosure and commercial litigation practice areas.  He has represented lenders in cases under Chapters 7, 11, 12 and 13 of the bankruptcy code.  He is a member of the American, Nebraska State and Lincoln bar associations, and the American Bankruptcy Institute.  Trev is a fellow in the American College of Real Estate Lawyers and Litigation Counsel of America, and was named as

a “Super Lawyer” of the Midwest in 2007.

He is a past president of the Banking Law Section of the Nebraska State Bar Association and is a former president of the Bankruptcy Section of the Nebraska State Bar Association.

Laura practices in the areas of bankruptcy, business and commerce, estate planning and health care law.  She received her B.S.B.A. degree, with highest distinction, from Nebraska Wesleyan University and her J.D. degree from the University of Nebraska Lincoln College of Law, where she received the Martin N. Erck Memorial Scholarship.  While in law school, Laura received CALI Excellence for the Future Awards for attaining the highest overall grades in advanced legal research and pretrial litigation.  She was also actively involved as the program coordinator for the Community Legal Education Program.  After law school, Laura served as the director of community relations for the 2010 Special Olympics USA National Games.  Laura joined the Knudsen Law Firm in August 2010 and she is licensed to practice in Colorado and before the U.S. District Court of Nebraska.  Laura is also a member of the Nebraska State Bar Association.

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Client Testimonial:

I engaged Kevin McManaman’s services for a sensitive personnel matter our organization was dealing with. The issue was resolved in a professional way and produced a positive outcome for Capital Humane Society. In providing his services Kevin was professional, fun to work with and educational. I will always look to Kevin for help when the need arises.

Bob Downey, Executive Director
Capital Humane Society