May 23, 2013
3800 VerMaas Place, Suite 200
Lincoln, NE 68502 (map)
Phone: 402.475.7011
Toll Free: 800.714.3439

New W-Visa to Help Nursing Homes Fill Jobs

There are many jobs at nursing homes that even desperate unemployed Americans won’t consider because they are seen as too demanding.  A solution to this employment problem could be as simple as immigration reform, one of President Obama’s highest priorities.

A new visa, called the W-Visa, would cover low-skilled workers employed by a variety of non-seasonal industries, including long-term care. Beginning in 2015, the program would admit 20,000 workers, and then it will progressively go up in subsequent years with a cap of 200,000. The yearly allotment of available visas would vacillate based on factors such as the national unemployment rate. The W-Visa beneficiaries would be paid the same wages as American workers or industry-standard wages, and would be able to apply for permanent residency and citizenship.

The American Health Care Association urged lawmakers to allow nursing homes to employ more immigrant workers in order for nursing home operators to fill vacancies and to save money. Fred Benjamin, chairman of the Kansas Health Care Association and COO of Medicalodges Inc., addressed a Congressional panel about this issue.

“We’ve offered signing bonuses, set up tables in grocery stores, sent direct mail, posted job openings on the Web, even laundromats, and it’s still not enough to fill positions,” he said. “It’s tough work taking care of people…but we believe there are a lot of people from other countries who would gladly take these jobs.” said Fred Benjamin.

Disclosure Rule to be Later than Scheduled

   A controversial provision of the HITECH Act may very well not be finalized by the January 1, 2014 deadline.  Leon Rodriquez, Director of the HHS Office for Civil Rights, stated during the Health Care Compliance Association’s annual conference that the deadline for the HITECH rule was now “fluid”, and he did not give any indication when the rule could be issued as the agency is still reviewing the comments it has received in regards to the rule.

   Under HIPAA providers are required to give people certain information about how their healthcare data has been shared.  Once this provision of HITECH takes effect it will allow a person to ask for a simple version of the existing HIPAA disclosure and a report that would include a wide range of information.  That information would include the names of the individuals who have accessed the health information and what those individuals did with the records.  Also under HITECH, the provider will only have 30 days to respond to the person’s request v. the current 60 days under HIPAA. 

   The American Health Care Association (AHCA) states that the current 60 day timeline should be maintained as it is impractical to believe that a provider can put together such a comprehensive report in that time period.  In addition, AHCA states that the aggregate access report requirement should be eliminated for long-term care providers due to the fact that in cases involving a nursing home resident, their health record will be comprised of both paper and electronic information from a variety of places such as the hospital, pharmacy, therapists and so on.  AHCA states that if not eliminated then it should be limited to just the system that that provider maintains and controls. 

   HHS received over 400 comments after the proposed rule was released in May 2011.  Some providers believe the rule should be eliminated due to it being excessively burdensome while other providers state that they feared a disgruntled patient could and would retaliate against any employees named in the access report. 

Fisher v. Payflex — PTO is vacation pay

Today in Fisherv. PayFlex  ___ N.W.2d ___ (May 3, 2013), the Nebraska Supreme Court in a 4 to 3 decision decided that PTO (“paid time off”) is vacation time.  Thus, employers are required to pay accrued but unused PTO time upon termination of an employee.  This opinion resolves a dispute among district courts as to whether PTO needed to be paid upon termination.  Many people believed that the legislature’s amendments to the Wage Payment and Collection Act in 2007 had excluded PTO from payment upon termination.  The majority held that it had not.   Employers with seperate “sick” and “vacation” time off policies will still not be required to pay sick time upon termination.

Trev Peterson presenting on LLCs for NBI Business Bootcamp National Webcam CLE

May 8, 2013
10:00 amto11:15 am

Trev Peterson of the Knudsen Law Firm will be presenting on:

Forming Limited Liability Companies (LLCs)

  1. A. Initial Considerations
  2. B. Drafting Articles of Organization
  3. C. Drafting the Operating Agreement
  4. D. Rights and Duties of Members
  5. E. Management Structure
  6. F. Assignments of Membership Interests
  7. G. Buy-Sell Provisions
  8. H. Security Interests
  9. I. Disassociation
  10. J. Dissolution and Liquidation

 

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Join us in making a

difference in the lives of Lincoln’s children!

Spreading Peanut Butter, Jelly and Generosity

The Knudsen Law Firm is participating in a peanut butter and jelly drive for the Food Bank of Lincoln’s BackPack Program.  From March 27th through April 3rd, Knudsen Law Firm will be collecting peanut butter and jelly.  On April 2nd you can enjoy unique PB & J dishes at Carmela’s Bistro & Wine Bar, Honest Abe’s Burgers & Freedom, The Lodge at Wilderness Ridge, Crave, Brix & Stone Gastro Pub and Bread & Cup.  The donations and proceeds from the PB & J dishes will go to help the Food Bank of Lincoln and their BackPack Program to help provide food to some of the 18,000 food insecure children in southeast Nebraska.

Knudsen PBJ Poster

Trev Peterson to present at Business Bootcamp

May 21, 2013

Trev E. Peterson will be presenting to the Business Bootcamp on May 21, 2013 in Omaha.  Trev will cover the following topics:

  • Forming Limited Liability Companies (LLCs)
  1. Initial Considerations
  2. Drafting Articles of Organization
  3. Drafting the Operating Agreement
  4. Rights and Duties of buy cheap viagra Members
  5. Management Structure
  6. Assignments of Membership Interests
  7. Buy-Sell Provisions
  8. Security Interests
  9. Disassociation
  10. Dissolution and Liquidation

 

 

Anatomy of a Lawsuit Presentation

March 28, 2013
9:00 amto10:30 am

Jeanelle Lust and online viagra Kevin McManaman will be presenting “Anatomy of a Lawsuit” to the NEHCA on Thursday, March 28, 2013.

Nursing Home Litigation Presentation

March 22, 2013

Jeanelle Lust will be speaking on Nursing Home Litigation at the Annual 2013 Estate Planning and Probate Institute – Trust Us: Make of it

What You Will

Rambo Litigation Tactics Seminar

March 22, 2013

On

Friday, March 22, 2013 at 9 a.m., Jeanelle R. Lust will be speaking to the Young Lawyers Section of the NSBA on Rambo Litigation Tactics.

Client Testimonial:

Michael Khalili was of tremendous assistance in securing a successful settlement with my Social Security Disability hearing. My situation was complex and unusual, and Michael effectively gathered evidence, prepared and presented my case, and provided me with critical information to guide my actions into the future.

Jennifer