Kenneth L. Burgess

Kenneth L. Burgess

Poyner Spruill LLP

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Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more

8/26/2015 - CMS Compliance Data Protection DOJ Employee Privacy Rights End-of-Life-Care Government Investigations Healthcare HHS HIPAA Hospitals Internal Investigations IRS OIG Physicians Recruitment Policies Rural Health Care Program Rural Health Care Providers Section 501r Stark Law

The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

8/26/2015 - Anti-Kickback Statute Certificate of Need Chief Compliance Officers Compliance Confidential Information Corporate Governance Document Retention Policies End-of-Life-Care Healthcare Hospitals Internal Audit Functions Non-Profit Hospitals Patient Self-Referral Peer Review Physicians

Toss or Keep Document Retention in a Hospital Setting

Deciding how long to hold on to specific records in your hospital can be a challenging task, especially when the facility deals with so many different types of records. You may be tempted to hold on to everything indefinitely...more

4/3/2015 - Document Retention Policies Health Care Providers Healthcare Hospitals Medical Records

Corridors Spring 2015 - News for North Carolina Hospitals

In This Issue: - Nonprofit Hospitals Face Additional Regulatory Burdens in Financial Assistance and Debt Collection - Placing Medicare Beneficiaries Into "Observation Status" - Recent Second Circuit Decision...more

4/1/2015 - Charitable Organizations CHNA Debt Collection Document Retention Policies Financial Assistance Policies Hospitals Inpatient Billing IRS Medicare Medicare RAC Non-Profit Hospitals Section 501r

Shorts on Long Term Care - February 2015

In this issue: - Document Retention in a Long Term Care Facility - Medicare RAC Program Improvements Delayed Until 2016 - “Bring Your Own Device” To Work Programs - NLRB Upends Legality of Employer Email...more

2/26/2015 - Bring Your Own Device CMS Document Retention Policies Email Policies Long Term Care Facilities Medicare Medicare RAC NLRB Physician Medicare Reimbursements Recovery Audit

End Notes Newsletter February 2015 - News for North Carolina’s Hospice and Palliative Care Community

In this issue: - Gear Up for Increased CMS Scrutiny of Hospice Services for Assisted Living Facility Residents - Happy New Year from the DC District Court - Companionship Exemption Lives On!! - DEA Rules On...more

2/13/2015 - Assisted Living Facility Bring Your Own Device CMS Companionship Exemptions Compliance Controlled Substances DEA Hospice OIG

Shorts on Long Term Care - Summer 2014

In this issue: - Nursing Facility Survey Trends: Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations - COBRA Meets ACA – Time to Update COBRA Notices -...more

7/25/2014 - Administrative Hearings Advance Directives Affordable Care Act COBRA Dual Eligibility Email Employer Liability Issues Healthcare Hospitals Long-Term Care Medicare Medicare Part C NLRB Patient Privacy Rights Plan of Correction

Nursing Facility Survey Trends - Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee...

Directed Plans of Correction, or DPOCs, have long been part of the arsenal of enforcement sanctions available to the Centers for Medicare & Medicaid Services for survey deficiencies, just like civil money penalties (CMPs);...more

7/25/2014 - Civil Monetary Penalty CMS Enforcement Healthcare Healthcare Facilities HIPAA Medicaid Medicare Plan of Correction Quality of Care Standards SNF

New Online End-of-Life Planning Tool Now Available to NC Citizens and Health Care Providers

A new tool is now available for North Carolina citizens and health care providers that will help everyone understand end-of-life health care planning options and processes available under North Carolina law. The new website...more

11/27/2013 - Advance Directives End-of-Life-Care Healthcare Living Will Power of Attorney

CMS Issues New Surveyor Guidance on Initiating CPR in Nursing Homes and Facility CPR/DNR Policies

In a highly publicized recent case in California, a registered nurse working in an independent living facility refused to initiate cardiopulmonary resuscitation (CPR) on an elderly resident who was experiencing respiratory...more

11/27/2013 - Advance Directives CMS Healthcare Long Term Care Facilities Medical Liability Nurses Nursing Homes SNF

Shorts on Long Term Care - December 2013

In this issue - - New Online End-of-Life Planning Tool Now Available to NC Citizens and Health Care Providers - And the World Goes 'Round - What Is “Past Quality of Care” in a CON Review? - CMS Issues New...more


Scripts - November 2013

In this issue: - New Wellness Program Rules for 2014 - Now That We Know The Basic Rules… Drafting Covenants Not To Compete To Maximize The Likelihood Of Enforcement - Excerpt from New Wellness Program...more

11/12/2013 - Contract Drafting Contract Interpretation ERISA Healthcare Healthcare Reform HIPAA Liquidated Damages Non-Compete Agreements Wellness Programs

Scripts - July 2013

In this issue: - America’s Aging Health Care Workforce Presents Challenges - Using Covenants Not to Compete in the Health Care industry - Bring Your Own Device Programs and Health Care: Too Risky to...more

7/9/2013 - Bring Your Own Device Health Care Providers Healthcare Medical Devices Mobile Devices Non-Compete Agreements

General Assembly Calls For Study On Increasing Assisted Living Communities In Rural Areas

In a legislative session that continues to leave many North Carolinians of all political persuasions “jaw-dropped,” a bill introduced in the NC House of Representatives, if passed, would require the Department of Health and...more

6/19/2013 - Healthcare HHS Nursing Homes Proposed Legislation Rural Health Care Program

Updated OIG Exclusion Guidance Spells Out Recommended Employee Screening Procedures

On May 8, 2013, the Office of Inspector General (OIG) published an updated bulletin that spells out the frequency with which employers should check the OIG’s List of Excluded Individuals and Entities and clarifies which...more

6/19/2013 - Contractors Excluded Providers Healthcare OIG Screening Procedures Self-Disclosure Requirements

Shorts on Long Term Care - June 2013

In this issue: - What’s Up With Nursing Facility “Mandatory” Corporate Compliance Programs? - Updated OIG Exclusion Guidance Spells Out Recommended Employee Screening Procedures - General Assembly Calls...more

6/19/2013 - CMS Contractors Nursing Homes OIG Retirement Self-Disclosure Requirements Volunteers

Shorts on Long Term Care April 2013

In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work...more

4/10/2013 - Arbitration Arbitration Agreements I-9 Long-Term Care Nursing Homes USCIS

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

4/9/2013 - Arbitration Arbitration Agreements Contract Drafting Mandatory Arbitration Clauses Medical Liability Nursing Homes Unconscionable Contracts

Scripts - April 2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

4/8/2013 - Anti-Retaliation Provisions Business Associates Confidential Employer Investigations Data Protection Deadlines EEOC Healthcare HIPAA HIPAA Omnibus Rule HITECH I-9 Medical Malpractice Negligence NLRB Notice Requirements Title VII USCIS

Changes to Your Facility's Corporate Structure

Thinking of selling your facility, or of changing your corporate entity from a partnership to a limited liability company, bringing in a new management company, or adding a new partner to your current partnership structure?...more

2/7/2013 - LLC Management Companies Partnerships Restructuring

Shorts on Long Term Care December 2012

In this issue: - Make Me a Channel of Your Peace - CMS Signals Renewed Focus on Advance Directives and Residents’ Rights to Determine End-of-Life Care An excerpt from "Make Me a Channel of Your...more

12/17/2012 - Advance Directives CMS End-of-Life-Care SNF

CMS Signals Renewed Focus on Advance Directives and Residents’ Rights to Determine End-of-Life Care

By the time you read this article, if you are a skilled nursing facility (SNF), you will already be subject to new surveyor guidance from the Centers for Medicare and Medicaid Services (CMS) on advance directives and...more

12/17/2012 - Advance Directives CMS SNF

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