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What You Need to Know About the Revised Virginia Assisted Living Regulations: Records & Reports

What You Need to Know About the Revised Virginia Assisted Living Regulations: Records & Reports

In this third installment of NLG posts summarizing the new Virginia assisted living regulations, we cover notable changes to requirements for Electronic Records and eSignatures, Incident Reporting, and Reports of Abuse, Neglect, or Exploitation.  These regulations are scheduled to take effect February 1, 2018, so keep checking back for THE LATEST from Nixon Law Group! 

What You Need to Know About the Revised Virginia Assisted Living Regulations: Infection Control

What You Need to Know About the Revised Virginia Assisted Living Regulations: Infection Control

This is the second NLG summary in our series on the revisions to Virginia’s Standards for Licensed Assisted Living Facilities, scheduled to take effect February 1, 2018.  The new regulations include changes to the timing for submitting incident reports, a new section addressing electronic records and electronic signatures, substantial revisions to requirements for infection control programs, and changes to the required content of the Disclosure Statement and admission agreements.  This summary focuses on changes to Infection Control regulations. 

Stuck in the Middle Again: Protected Workplace Recordings Must Coexist with Patient Privacy

Stuck in the Middle Again: Protected Workplace Recordings Must Coexist with Patient Privacy

Healthcare providers are highly sensitive to the risks introduced by recordings in the workplace—not the least of which are potential violations of federal and state laws regarding the privacy of their patients and residents.  We have often advised our healthcare clients to enact restrictions on recordings that could introduce unnecessary risk, but a National Labor Relations Board (NLRB) decision, recently upheld by the U.S. Court of Appeals for the Second Circuit, indicates that those same restrictions on recordings might, in and of themselves, introduce compliance risk.  In its decision, the NLRB had to determine whether no-recording policies maintained by employer Whole Foods were overly broad by prohibiting all recordings by Whole Foods employees without prior management approval.  The NLRB’s position seems clear: Policies reasonably read as prohibiting all employee workplace recordings violate the National Labor Relations Act.

Nursing Homes and the CMS Rule Barring Arbitration Clauses

Nursing Homes and the CMS Rule Barring Arbitration Clauses

It just got easier to sue nursing homes. How do you protect your facility and your patients while still maintaining a profit?

This article is a high-level overview of the proposed changes by the Centers for Medicare and Medicaid Services (CMS), as well as the main points you as an Administrator need to know now.