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 Confidentiality 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

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

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 Healthcare Healthcare Professionals 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

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

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