Knudsen Law Blog Posts

Long-term Care Criminal Reporting Requirements

Section 1150B of the Social Security Act requires the reporting of “any reasonable suspicion of a crime . . . against any individual who is a resident of, or is receiving care from, the facility” to local law enforcement.  An August 2014 report published by the U.S. Department of […]

LB 72 Signed into Law

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 […]

Nebraska Expands Protections for Pregnant Employees

Nebraska women will no longer need to worry about losing their jobs because of pregnancy, childbirth, or related medical conditions, even if complications arise.

Under the Nebraska Pregnant Workers Fairness Act (LB627) signed by Gov. Pete Ricketts on April 13th, employees will be entitled to reasonable workplace accommodations due to […]

LB72

The Nebraska legislature is considering legislation that will impose significant disclosure and lien liability on interfamily real estate transfers. The bill, LB72, as originally introduced imposed a lien in favor of the State of Nebraska, Department of Health and Human […]

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 […]

FMLA same sex marriage rule on hold

Yesterday a court in Texas in a case in which Nebraska was a plaintiff issued a prelminary injunciton against the FMLA change in Nebraska. For now Nebraska employers do not have to comply with the change in the FMLA. However this is likely to be a short […]

Knudsen Lawyers win favorable ruling at the Nebraska Supreme Court

Attorneys of Knudsen, Berkheimer, Richardson & Endacott, LLP have successfully appealed the denial of their client’s motion to compel arbitration arising out of an employment agreement. As urged by the Knudsen Lawyers, the Nebraska Supreme Court ruled that the district court erred as a matter of law when […]

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, […]

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 […]

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 […]