Kenneth L. Burgess

Kenneth L. Burgess

Poyner Spruill LLP


Latest Publications

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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 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 Federal Patient Self-Determination Act SNF

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