publications full of ideas
Shorts on Long Term Care October 2017
News for the NC LTC Community

10.20.2017

Click on the graphic to the right to view a pdf of this issue of shorts.

In This Issue

The Citation of Immediate Jeopardy Deficiencies Against Nursing Facilities: Unforeseen Consequences

There are no words more feared by a skilled nursing facility Administrator during an annual recertification survey or complaint survey than these from a surveyor: “we’re citing you for an Immediate Jeopardy.” Those words set in motion a series of events, both during and after the actual survey itself, which can make the strongest Administrator—man or woman, experienced or novice—weak in the knees.

DOL Signals That It Will Not Support Obama Era Salary Basis Test

Employers across the country received some good news recently when the U.S. Department of Labor (DOL) filed its Reply Brief in the Texas lawsuit that halted implementation of the $913 per-week salary requirement for exempt status under the Fair Labor Standards Act (FLSA). As everyone recalls, in March 2014, President Obama directed the DOL to update and modernize the regulations setting forth the requirements for administrative, executive, and professional employees to be exempt from the FLSA’s minimum wage and overtime requirements.

Five Takeaways From The OCR Reminder on HIPAA Obligations In Ransomware Incidents

Apparently prompted by the recent high-profile wave of ransomware attacks, the Department of Health and Human Services’ Office of Civil Rights (OCR) has reminded hospitals, healthcare systems, and other covered entities and business associates of their cybersecurity obligations. The reminder follows a previous warning that unless the affected covered entity or business associate can establish that there is a low probability that personal health information (PHI) has been compromised, a breach is presumed to have occurred.

North Carolina Medicaid Provider Enrollment: To Disclose Or Not To Disclose, That Is The Question

The use of criminal background checks is becoming more prevalent as a form of credentialing for both individual and institutional healthcare providers seeking licensure, certification, or the benefits of other government licensing and payment agencies. Specifically, criminal background checks are now routinely used by professional licensing board and payment entities to determine which providers have the privilege of practicing their craft and being paid for their services. One area where we are seeing criminal background checks have a significant impact is Medicaid provider enrollment, and the process impacts every type of provider seeking certification by the state’s Medicaid program.

Employee Benefits: Time To Prepare For The End Of The Year (Part 1)

The end of the year is rapidly approaching! To avoid costly penalties that can arise from inadvertent errors in the year-end rush, plan sponsors should begin talking with their service providers now about what must be done by year-end. (Part 2)

New OSHA Regulations: Does Your Drug Testing Policy Comply?

At the end of last year, OSHA began enforcing new regulatory rules expanding the requirements for employers’ reporting and submitting workplace injury and illness records. These new reporting requirements also contain new anti-retaliation regulations. These new provisions include the ability of OSHA compliance officers to issue citations based upon alleged retaliation, even in the absence of any employee complaint. A citation can be issued solely based upon the written requirements of the employer’s safety plan.

Physical Address: 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601

related information

what's new at the firm

Liza Nye Joins Poyner Spruill LLP

3/22/2018

RALEIGH, MARCH 22, 2018 – Poyner Spruill is pleased to announce Liza Nye has joined the firm as an associate in Poyner Spruill’s Banking and Financial Services section.

Poyner Spruill partner honored with excellence award from Federal Bar Association chapter

2/27/2018

The Eastern District of North Carolina chapter of the Federal Bar Association (FBA) honored Poyner Spruill partner David Long last week with its second annual Judge David W. Daniel Award for Excellence in the Legal Community.

WEBINAR EVENT: New CMS ROPs for SNFs and what the term "resident representative" means

2/21/2018

We're partnering with NCHCFA to bring you a new webinar series open to all NCHCFA members. Register now!

Two Poyner Spruill Attorneys Help Work for Tomorrow through Mentor Program at UNC Law

2/20/2018

RALEIGH, NC – Founded in 2016, the McIntyre-Whichard Legal Fellows Program is now in its second year of existence at the University of North Carolina School of Law. The program was founded by two UNC Law School alums and is co-sponsored by the North Carolina Study Center and the UNC Christian Legal Society. The program is named after Poyner Spruill partner and former U.S. Congressman Mike McIntyre and former N.C. Supreme Court Justice Willis Whichard, who are both alums of the university and serve as program mentors.

Poyner Spruill Diversity Committee to host panel discussion with key leaders in the legal field to celebrate Black History Month

2/12/2018

The Poyner Spruill Diversity Committee is celebrating Black History Month by hosting an intimate panel discussion with key leaders who have been successful in the legal field.