Elizabeth Hogue, Esq. Articles
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Articles:
What To Do When Patients Don't Want Caregivers of Certain Races or Nationalities
The Equal Employment Opportunity Commission (EEOC) sued ACARE HHC, Inc.; doing business as Four Seasons Licensed Home Health Care Agency in Brooklyn, New York. The EEOC claimed that the Agency removed home health aides from work assignments based on their race and national origin to accommodate clients’ preferences in violation of the Civil Rights Act of 1964 [EEOC v. ACARE HHC d/b/a/ Four Seasons Licensed Home Health Care, 23-cv-5760 (U.S. District Court for the Eastern District of New York)].
This case recently settled, and Four Seasons will pay a whopping $400,000 in monetary relief to affected home health aides! The Agency must also update its internal policies and training processes related to requirements of the Civil Rights Act, stop assigning home health aides based on clients’ racial or nationality preferences, and provide semi-annual reports to the EEOC about any reports or complaints received about discrimination.
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What To Do About Noncompete Agreements
The Federal Trade Commission (FTC) published a final rule earlier this year that banned noncompete agreements. The final rule was effective on September 4, 2024. Requirements of the rule included:The Federal Trade Commission (FTC) published a final rule earlier this year that banned noncompete agreements. The final rule was effective on September 4, 2024. Requirements of the rule included:• A ban on new noncompete agreements with all workers, including senior executives• Existing noncompete agreements could remain in force for senior executives if: (1) they make more than $151,164 per year; including salary, commissions, performance bonuses; but not including benefits, board, and lodging and (2) senior executives have authority to make policy decisions for the entire company• Existing noncompete agreements with workers other than senior executives are unenforceable after the rule is effective. There are a number of exceptions to the rule.
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Negligent Home Care Nurse Charged With Manslaughter
The following article is about a home care nurse whose negligent care of a patient resulted in criminal charges.
Home care nurses; including those who provide Medicare-certified home health services, hospice and palliative care, and private duty services; are vulnerable to professional liability claims, according to “Nurse Professional Liability Exposure Claim Report: 4th Edition,” which was issued by Nurses Service Organization and CNA. The report says that malpractice claims against home care nurses are likely to be based on:
- Failure to communicate pertinent health information with providers and/or patient/family members
- Failure to monitor
- Documentation deficiencies, including failure to document or falsifying documentation
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Further Update Post-AseraCare: Use of Physician Experts to Prove False Claims
The following article is about a recent court decision about false claims submitted to the Medicare Program.
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AseraCare, a hospice provider, defeated allegations in a federal trial court that it knowingly submitted false claims to the Medicare Program for patients who were not terminally ill. On appeal, the Appellate Court emphasized that one physician’s testimony on behalf of the government against AseraCare that contradicted physicians who certified patients for hospice care was insufficient to prove falsity under the federal False Claims Act (FCA). The Court said:
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Recent Case Shows That Providers Must Pay Attention to Concerns About Fraud Raised by Employees
The following article is about employees who were fired for complaining about possible fraudulent activities and then filed a whistleblower lawsuit.
Two former Amedisys employees claim that they were fired in retaliation for alerting management to possible violations of the federal False Claims Act. They then filed a whistleblower, or qui tam, lawsuit [Pilat v. Amedisys, Inc., No. 23-566 (2d Cir. Jan. 17, 2024)]. In their whistleblower suit, the employees claim that they complained internally to supervisors about suspected fraudulent practices and refused to engage in such practices.
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Enforcers Target Discharge Planners/Case Managers Yet Again
Case managers/discharge planners continue to come under fire from fraud enforcers for violations of the federal anti-kickback statute. This statute generally prohibits anyone from either offering to give or actually giving anything to anyone in order to induce referrals. Case managers/discharge planners who violate the anti-kickback statute may be subject to criminal prosecution that could result in prison sentences, among other consequences.
