Knudsen Law Blog Posts

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 […]

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 […]

Supreme Court to rule on whether providers can force a state to raise its Medicaid rates

The U.S. Supreme Court will hear a case on whether private sector healthcare providers can sue states to increase Medicaid reimbursements.
In 2009, Idaho rehabilitation providers sued the state of Idaho because they believe the state unlawfully kept Medicaid reimbursements at 2006 levels despite cost of care increases. A federal […]


What are the employment law consequences for a health care facility if a nurse needs to be quarantined because of virus exposure?

1) Is there a workers’ compensation claim?
Possibly.  If the nurse is quarantined because she is showing signs of an infectious disease, then likely the nurse meets the requirements for […]

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 […]

Many Uninsured Live in States Without Expanded Medicaid

A recent survey showed Americans without health insurance coverage are most concentrated in states that have not expanded Medicaid.  As of June, 60.4% of those without coverage lived in the 25 states that have not expanded Medicaid, up from 49.7% in September of 2013.

The Urban Institute’s Health Policy Center’s […]

New Executive order prohibits LGBT discrimination by federal contractors

Last week,  President Obama issued an Executive Order prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity. Federal contractors or federally-assisted contractors and subcontractors who do over $10,000 in government business in one year are subject to this executive order.

With the new language federal contractors […]

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 […]

Auto-enrollment for ACA Consumers Proposed

The Department of Health and Human Services recently proposed a rule whereby those who signed up for insurance coverage through the Affordable Care Act’s State and Federal exchanges would be automatically re-enrolled for coverage in 2015.

Consumer research shows that most individuals won’t take action on their own and would […]

Settlement Conference Facilitation Pilot Announced

The Centers for Medicare & Medicaid Services (CMS) has announced a new pilot program that will hopefully alleviate the backlog of Medicare Part B claims that have been appealed to the Administrative Law Judge level.  Settlement Conference Facilitation will be a pilot alternative dispute resolution process by which the […]