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US Supreme Court: Medical Providers Do Not have Recourse Against States Over Low Medicaid Reimbursement Rates

On Tuesday, the U.S. Supreme Court ruled that private health care providers that deliver residential care services cannot sue to compel a state to adjust its Medicaid payments to rising medical costs.
In a 4-5 decision, the Court ruled against a group of providers who sought to compel Idaho […]

Handbook Compliance with Affordable Care Act

Employers should regularly review their plan documents, summary plan descriptions, and other documents to ensure consistency with the ever-changing Affordable Care Act. If the employee handbook contains compensation and benefit information, the handbook language also must be regularly revised to reflect the Act’s mandates and policy changes.

For instance, handbooks often specify whether the […]

FMLA now recognizes marriage based on place of celebration

Effective March 27, 2015, the definition of “spouse” under the Family Medical Leave Act (FMLA) will include legal same-sex and common-law marriages, as long as the couple were legally married in the state where the marriage was entered into. Previously, the regulatory definition of spouse only allowed people to take leave to care for […]

Five Star Quality Changes Starting in 2015

January 2015 ushers in changes to the Centers for Medicare & Medicaid Services (CMS) Five Star Quality Rating System with the focus being on staffing practices in long-term and post-acute care facilities. These changes have been brought about by recent reports stating that the 55% of nursing homes with a 4 or 5 star […]

By |January 29th, 2015|News, Retweetable|0 Comments

Knudsen Law Firm receives favorable Nebraska Supreme Court ruling for its client

Attorneys of Knudsen, Berkheimer, Richardson & Endacott, LLP successfully defended Bellevue Public Schools in a whistle-blower wrongful termination claim brought by a former employee. Further details about the case can be found in the Omaha World-Herald article and the decision.
 

 

Post Shift Security Screenings Not Compensable

The United States Supreme Court has ruled that the time spent waiting to undergo end of shift security screenings are not compensable under the Fair Labor Standards Act (FLSA). Under the FLSA an activity is compensable if the activity is integral and indispensable to the principal activities that the employee is hired to perform.  The Court stated that for the […]

President Obama’s Immigration Plan

The sweeping immigration plan (“plan”) to overhaul the nation’s immigration system will significantly alter the lives of 11 million undocumented immigrants living in the country and protect 5 million of those undocumented immigrants from deportation.
 “Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our character. What I’m describing is […]

Overzealous Nursing Home Settles Immigration-Related Employment Discrimination Claim

In a case alleging that Isabella Geriatric Center (“IGC”) was too aggressive in asking immigrant workers to provide documentation, the nursing home has agreed to pay $14,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; establish a back pay fund to compensate potential economic victims; revise […]

Updates to F-Tags in State Operations Manual

The Centers for Medicare and Medicaid Services (CMS) has made revisions to twenty F-Tags in the State Operations Manual (SOM).  The changes reflect the Survey and Certification (S&C) policy memos issued from October 2003 through May 2014.

CMS states it is committed to revising and updating the SOM which includes clarifications to guidelines and changes […]

DAMAGES: What am I entitled to when injured due to someone’s negligence?

This is a valid question that’s often on the minds of victims dealing with personal injury.  An accident and injury can often be a life-changing event that places a person’s life in turmoil overnight. In Nebraska, the goal of damages is to put the injured person in the same position as he or she […]