Personal Care Assistants: The Next Employees to Unionize?
Karen G. Schanfield, December 2012
Commissioner Reverses Vulnerable Adults Act Neglect Finding In Nursing Home Stairwell Death
Samuel D. Orbovich, August 2011
Overview
As professionals who care for seniors or persons with developmental disabilities, you live inside a fundamental discrepancy: as the needs for your talents, expertise, and service expand, the financial resources available from Medicaid, Medicare, or other payors shrink. This holds true across the continuum of care, from skilled nursing facilities to home care agencies; from community-based group homes for persons with developmental disabilities to in-home support services; from assisted living facilities to mental health treatment centers.
Despite this tough environment, our attorneys help your organization fulfill its mission.”
Services
Perhaps you need to challenge an unfair government decision or defend a malpractice lawsuit. Or you may have the good fortune to expand your services by constructing a new state-of-the-art facility. Despite this tough environment, our attorneys will help your organization fulfill its mission. For example:
- Regulatory Defense: We defend providers against unwarranted and erroneous government action, including survey and licensing sanctions, overpayment audits, Vulnerable Adult Act maltreatment findings, or negative rate-setting determinations. We have successfully challenged government decisions in actions and proceedings before the Office of Administrative Hearings, the Court of Appeals, the Minnesota Supreme Court, as well as before federal courts and agencies.
- Regulatory Compliance: We help our clients formulate and implement written operational and corporate policies that not only comply with regulatory requirements, but also make common sense. We draft or critique admission agreements, Plans of Correction, personnel and operational policies, discharge and transfer notifications, internal maltreatment investigations, and other notices to state agencies, residents or staff.
- Employment & Labor: We handle a broad array of employment and labor law advice and litigation. Our attorneys draft employment policies, provide immigration guidance, defend wrongful discharge claims, handle labor disputes, and represent providers against OSHA, employment discrimination, and workers compensation claims.
- Government Relations: Our experience with public service in federal, state, and local government, provides us with an entrée to key contacts as well as an in-depth understanding of the legislative process. We strategize, monitor, and advocate on behalf of clients, combining integrity with insight and knowledge to effectively work with key decision makers inside and outside the Minnesota Capitol.
- General Health Law: Our experience encompasses tax and business planning, provider networks, joint ventures, third-party reimbursement, (including Medicare and Medicaid), health care contracting, and management of relationships among providers and between providers and patients.
- Health Care Fraud & Compliance: We advise clients facing investigations by government entities, including the FBI, DOJ, OIG, the Office of the Attorney General, or other governmental agencies. We defend providers charged with “white collar” crimes ranging from allegations of Medicaid fraud to criminal maltreatment.
- Litigation: We defend malpractice lawsuits, RICO and false claims civil actions, and handle breach of contract litigation. We bring declaratory judgment and injunctive relief actions to challenge Medicaid payment methodologies or to stop unwarranted decertifications.
Bios
Primary Attorneys
Dulce J. Foster
David M. Glaser
Kevin P. Goodno
Katherine B. Ilten
Nicole M. Moen
Samuel D. Orbovich
Supporting Attorneys
Lisa Holter
Sherrill R. Oman
Karen G. Schanfield