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 to 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. […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]