News & Analysis as of September 20, 2024

Hiring & Firing › Long Term Care Facilities

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

Littler on 2/24/2022

In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

CMS directive orders state agencies to increase weekend surveys of skilled nursing facilities

Bricker Graydon LLP on 2/27/2019

Staffing in long-term care facilities significantly affects the care delivered to residents. Since July 2016, nursing homes have been reporting staffing data electronically through the payroll-based journals (PBJ) system....more

Georgia House Proposes Additional Updates to New Long-Term Care Background Check Requirements

Arnall Golden Gregory LLP on 2/20/2019

Changes may be coming to Georgia’s new (and not yet implemented) long-term care background check law. If passed, the new Georgia House Bill 91 would authorize the Georgia Bureau of Investigation and Federal Bureau of...more

Georgia Enacts New Background Check Legislation for Long-Term Care Providers

Arnall Golden Gregory LLP on 5/16/2018

Georgia has enacted a new law implementing a comprehensive program of background checks for Georgia long-term care facilities. The “Georgia Long-term Care Background Check Program” consolidates three existing background check...more

The Suspense is Killing Me! What Big Labor Bills Will Make it Off the Suspense File?

Fisher Phillips on 5/19/2017

In the California Legislature, bills first are referred to the appropriate policy committee for hearing. Labor bills are referred to the Labor Committee, crime bills are referred to the Public Safety Committee, health bills...more

Hot List – What’s Happening in the California Legislature 4/24-4/28

Fisher Phillips on 4/21/2017

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week... Recap of Legislative Bill Activity Last Week – The...more

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements Part III

Polsinelli on 10/25/2016

On October 4, the Centers for Medicare and Medicaid Services (CMS) published the biggest overhaul to federal long-term care regulations since 1991, and impacted facilities can immediately take steps to ensure they’re prepared...more

[Event] Long-Term Care Conference - October 18th, Richmond, VA

Williams Mullen on 9/28/2016

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,...more

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

Ballard Spahr LLP on 6/6/2016

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

Most States Delayed in Implementing Long-Term Care Background Check Program, OIG Finds

Polsinelli on 3/2/2016

The Office of Inspector General’s (OIG’s) recent report found significant delays in states’ implementation of a background check program for long-term care employees. Because the interplay between Ban the Box laws and...more

The Value of Background Checks – A Legally Compliant Screening Program

Arnall Golden Gregory LLP on 3/1/2016

The Affordable Care Act provides grants to states to implement background check programs for prospective long-term-care employees in settings such as nursing facilities, home health agencies and hospices....more

Pennsylvania Court Rules Background Screening Law Unconstitutional

Littler on 1/20/2016

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

Saul Ewing Arnstein & Lehr LLP on 1/20/2016

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing...more

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