Archives: Nursing and Allied Health Schools

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Texas hangs up on telephone prescribers

New Texas Medical Board (TMB) rules effective June 3, 2015, limit the ability to prescribe drugs based only on telephonic consults. The rules also raise questions about the viability of some call-coverage arrangements. Specifically, for a physician prescribing medication, Tex. Admin. Code tit. 22 §190.8 now requires, among other things, a “defined physician-patient relationship” that … Continue Reading

Still no word from DOL on changes to FLSA regulations

The DOL’s self-imposed February deadline for announcing new FLSA regulations redefining “white collar” exemptions has come and gone with without any action from the DOL. No new deadline has been announced; however, the DOL’s website suggests that it still hopes to release the new regulations soon. Stayed tuned, and we will report back when the … Continue Reading

Physician assistance for physician assistants

Changes to Texas Medical Board regulations regarding the supervision of physician assistants went into effect March 12, 2015, and will reduce both: (i) physician oversight obligations; and (ii) conflict with prescriptive delegation regulations. Specifically, requirements of Tex. Admin. Code tit. 22 §185.16 were reduced to only prohibiting a physician assistant from independently billing patients “except where provided … Continue Reading

What to do about elder abuse and financial exploitation in post-acute healthcare and residential settings

Husch Blackwell attorneys are presenting at the Colorado Health Care Association and Center for Assisted Living Legal Symposium on elder abuse and financial exploitation on March 12 in Denver. Healthcare providers are responsible for detecting, preventing and reporting elderly abuse, including financial exploitation. With the enactment of the Affordable Care Act, the reporting requirements of the … Continue Reading

Update: Texas Medicaid 'incident to' rule now in effect

The Texas Health & Human Services Commission’s (HHSC) final rules regarding physician billing for services provided by an APRN or PA became effective Jan. 1, 2015, and include limitations on such billing arrangements. See 39 Tex. Reg. 9884 (Dec. 19, 2014). The adopted rule requires that a physician billing for services provided by an APRN or PA … Continue Reading

HHS releases reminder about HIPAA rules in wake of Ebola outbreak

The U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) released a bulletin on Nov. 10 reminding entities covered under the Health Insurance Portability and Accountability Act (HIPAA) that the protections continue to be in effect during emergencies, including Ebola and other outbreaks. HHS wants to make sure healthcare providers are … Continue Reading

Texas Medicaid meddling with mid-levels

The Texas Health & Human Services Commission (HHSC) proposed changes on Oct. 17, 2014, to its regulations that largely prohibit “incident to” billing for advanced practice registered nurse (APRN) and physician assistant (PA) providers. Specifically, changes proposed to Tex. Admin. Code Title 1 §§354.1001 and 354.1062 prohibit a service performed by an APRN or PA … Continue Reading

Upcoming webinar to offer legal, regulatory considerations for healthcare professionals preparing for Ebola

Now that patients with Ebola have landed on U.S. soil, hospitals and other healthcare providers must prepare for the possibility that a patient with Ebola will walk through the doors. In this Oct. 30 webinar, Husch Blackwell presenters will look at some of the pressing legal issues related to treating patients with communicable diseases such … Continue Reading

FTC urges state legislators to reconsider limitations on nurse practitioners’ scope of practice

The Federal Trade Commission (FTC) recently issued a policy paper urging state legislators to carefully evaluate proposals that limit nurse practitioners’ scope of practice. Nurse practitioners (also known as Advanced Practice Registered Nurses, or APRNs) are registered nurses who have been both educated and received specialized training beyond the requirements for a registered nurse. Notably, … Continue Reading

OSHA issues brochure on safe patient handling in nursing homes

The U.S. Occupational Safety and Health Administration (OSHA) recently published a new brochure titled “Safe Patient Handling: Preventing Musculoskeletal Disorders in Nursing Homes.” In the brochure, OSHA recommends strategies to reduce musculoskeletal disorders (MSDs) in nursing homes. OSHA recognizes that nurses and other healthcare workers experience some of the highest rates of non-fatal occupational injuries … Continue Reading

Higher Nursing Levels = Lower Readmission Rates

New research shows that hospitals with higher nursing levels have fewer readmissions and lower penalties for excessive readmission rates.  A new study, which appeared in the October issue of Health Affairs, found that hospitals with higher staffing levels had a 25 percent lower chance of being penalized for readmission rates when compared to hospitals with lower staffing levels. Efforts that … Continue Reading

Join Us for a Webinar Discussing the Clery Act

Do you have questions about your institution’s obligations under the Clery Act? If so, we hope you will join us for a webinar focusing on medical, nursing and allied health school obligations to disclose information about on-campus crime.  We will discuss the essential points for compliance and determination of Clery geography. The webinar is Wednesday, … Continue Reading