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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 […]

Are You Making Sure Your Electronic Devices Are Secure?

  Do you know where your work laptop is?  Do you get work e-mail on your smartphone?  Are both sufficiently password protected?  What about your business associates?  Do you believe they sufficiently protect all protected health information they have in their possession?  It would probably be a good idea to take another look at […]

Mississippi Case Highlights Issues of Resident Privacy

         In Mississippi, a man obtained access to the continuing care retirement community where a U.S. State Senator’s wife was being cared for due to dementia.  The man, Clayton Kelly, took an unauthorized photograph of the Senator’s wife.  He then used that photograph in a video that he used in his political blog to […]

Governor Vetoes LB 916

   On Tuesday, April 22, 2014, Governor Dave Heineman vetoed LB 916, which would have eliminated the requirements that nurse practitioners enter into integrated practice agreements with physicians.  They would still be required to work collaboratively with physicians and other care providers.  The bill would have changed provisions to credentialing and regulation of nurse […]

Richard Knudsen Elected as Honorary Trustee of Cooper Foundation

The Cooper Foundation announced that Richard (Dick) Knudsen has been elected to serve as honorary trustee of the board of trustees. He was selected for his long and valuable service to the Cooper Foundation. Mr. Knudsen first started serving the Cooper Foundation in 1950 when he joined the law firm of Beghtol & Rankin. […]

QAPI, Not Penalties to Reduce Adverse Events in Skilled Nursing Facilities

   In a report released by the Health and Human Services Office of the Inspector General (OIG), more than one in five Medicare beneficiaries receiving skilled care after a hospitalization experiences an adverse event.  The study defined an adverse event as harm that resulted in a longer stay in the skilled nursing facility or […]