In July CMS released a 403 page proposal that would make sweeping changes to nursing home regulations in hopes of slashing the number of unnecessary hospital readmissions and infections, increase quality of care and improve resident safety. The President and CEO of the American Health Care Association (AHCA), Mark Parkinson, however, is making an […]
The Fair Labor Standards Act (FLSA) requires employers to pay overtime wages to employees, who are eligible for such wages. Not all employees are entitled to overtime pay because the FLSA provides exemptions. Whether an employee is exempt or nonexempt usually depends on 1) how much the employee is paid, 2) how the employee is paid and 3) the type […]
On October 29, 2015, in Omaha, Nebraska, Kevin McManaman and Jeanelle Lust of the Knudsen Law Firm and authors of the Nebraska Human Resources Library will be presenting multiple topics related to employment law at the NBI Seminar titled Human Resource Law from Start to Finish. Mr. McManaman will be presenting about Employee Handbooks […]
On Sept. 10, 2015, Kevin McManaman of the Knudsen Law Firm and author of the Nebraska Human Resources Library will be presenting Employment Handbooks and Policies in the 21st Century. This comprehensive seminar will cover a gamut of various Nebraska and federal labor laws and regulations. It will also focus on the many aspects […]
In a 400 + page proposal, the Centers for Medicare and Medicaid Services (CMS), set forth sweeping changes to regulations for the long term care industry. The massive changes would be the first to nursing home regulations since 1991. The aim of the proposed changes would be to improve quality of care and quality […]
The Nebraska State Legislature passed Legislative Bill 72 on May 7, 2015 and Governor Pete Ricketts signed it into law on May 13, 2015. LB 72 was introduced for the State to be reimbursed for Medicaid benefits paid to an individual. This blog previously discussed some of the problems with LB 72 as originally introduced. For […]
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 […]
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 […]
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 […]
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 […]