The Texas Center for Nursing Workforce Studies is surveying to assess nurse staffing issues so that legislators can “make informed decisions regarding the nursing shortage in Texas.”    You have until Friday, March 15, 2024, to give input.  Go here to participate. The post For Texas Directors of Nursing in Long-Term Care appeared first on Garlo Ward, P.C ..read more

On August 11, 2023, the EEOC published proposed regulations for the Act in the Federal Register.  Comments are due within 60 days from that date, which is October 10, 2023.  Employers can provide their comments on the proposed regulations electronically at http://www.regulations.gov.  There is a distinction between accommodations under the Americans with Disabilities Act and this.  Under the ADA, an accommodation suspending an essential work function is rarely considered “reasonable.”  Here, the EEOC will examine whether other employees, temporary workers, or thir ..read more

First, realize that the Act applies to employers with fifteen or more employees.  However, in the health care and private provider arena, the Act and its proposed regulations may affect the ability to care for vulnerable patients and individuals.  It will not apply to you if you have fewer than fifteen employees. The PWFA expands the definition of “qualified employee” who cannot perform one or more essential job functions if the inability is for a temporary period, the function “in the near future,” and the inability can be “reasonably” accommodated.  The EEOC interprets “in the ..read more

          The Pregnant Workers Fairness Act (PWFA) was signed into law in December 2022 and has become effective as of June 27, 2023.    The Equal Opportunity Commission, having enforcement authority, accepted complaints on that date.              On August 11, 2023, the EEOC published proposed regulations for the Act in the Federal Register.  Comments are due within 60 days from that date. Employers are able to provide their comments on the proposed regulations electronically at http ..read more

    The Association of American Physicians and Surgeons is sounding the alarm on the abusive use of CPG’s against doctors.  Instead of being treated as guidelines, they are being treated as mandates to quash robust debate and to curtail independent medical judgment of physicians: “CPGs are based entirely on consensus,” Dr. Huntoon writes. “They are often influenced or driven by profit, cost containment, and politics, and may vary widely depending on the underlying incentives of the entities that develop them.” While developers assert that CPGs are not fixed protocols, they are ..read more

  As of January 1, 2023, appeal cases for Home and Community-based Services and Texas Home Living administrative penalties, contract terminations, vendor holds, recoupments, and denial of payment from the HHSC Appeals Division to the Texas State Office of Administrative Hearings (SOAH).  The rules also clarify that both Long-term Care Regulation and Provider Investigations employee misconduct registry cases for any LTCR-regulated provider type will be heard by SOAH. Here are the new rules.   The post New Appeals Rules Effective 1-1-23 appeared first on Garlo Ward, P.C ..read more

…coming out. This is interesting:   Adverse Effects of COVID-19 Vaccines and Measures to Prevent Them. “Recently, The Lancet published a study on the effectiveness of COVID-19 vaccines and the waning of immunity with time. The study showed that immune function among vaccinated individuals 8 months after the administration of two doses of COVID-19 vaccine was lower than that among the unvaccinated individuals. According to European Medicines Agency recommendations, frequent COVID-19 booster shots could adversely affect the immune response and may not be feasible. The decreas ..read more

    Georgia v. Biden On December 7, 2021, a federal judge in Georgia issued nationwide injunctive relief against Executive Order 14042, which purports to require that federal contractors and subcontractors ensure that their employees are fully vaccinated against COVI-19. The Court ably explains the limits of federal authority the overreach of this order, including lack of Congressional authority.  The Court found that the Procurement Act, upon which Biden relied, did not grant authority to the President to issue the EO, and that if the Act did: “… then the Procurement Act and E ..read more

Last Friday, CMS  issued a memo to State Survey Agency Directors directing increased scrutiny of Nursing Homes.  According to Mcknight’s, this means: “Surveyors are being directed to place special attention on things such as nurse staff abilities and actions, use of antipsychotics and areas of care where residents’ health and safety may be at an increased risk. That means having a more critical eye on unplanned weight loss, loss of function/mobility, depression, abuse/neglect or pressure ulcers.” CMS is using a stick to incentivize State Survey Agencies into action:  “States th ..read more

As of November 8, 2021, Texas Health & Human Services has adopted a new rule regarding ICF Medicaid bed reallocation.  The new rule “allows any person to request reallocated ICF/IID Medicaid beds from HHSC.”    The new rule can be found here:  The post New Bed Allocation Rule for ICF’s. appeared first on Garlo Ward, P.C ..read more