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On July 1, 2018, the Kansas Lay Caregiver Act (or CARE Act) goes into effect. The Act recognizes the importance of caregivers to a patient’s recovery after discharge from a hospital, and 35 states have already passed versions of the CARE Act through a national push from the AARP. Although many hospitals already allow for the designation of caregivers pursuant to existing standards and regulations, including Medicare Conditions of Participation, among others, Kansas hospitals need to be aware of the requirements the Act imposes and should take this opportunity to review existing policies for compliance with applicable laws.

On December 28, 2017, the Centers for Medicare & Medicaid (“CMS”) clarified its position on texting patient information from healthcare provider to provider. In its Memorandum to State Survey Agency Directors (S&C 18-10-ALL), CMS warned all texting of patient orders is prohibited, regardless of whether a secure platform is used to relay the orders, and texting of other patient information is permitted if relayed via a secure platform.

Natural and man-made disasters in recent years have highlighted how disasters can disrupt the environment of health care and change the demand for health care services. As a result, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule establishing national emergency preparedness and coordination requirements for 17 different provider and supplier types including, but not limited to: Ambulatory Surgical Centers, Hospices, Hospitals, Critical Access Hospitals, Long-Term Care Facilities, Rural Health Clinics, Federally Qualified Health Centers, Psychiatric Residential Treatment Facilities, Community Mental Health Centers, and Intermediate Care Facilities for Individuals with Intellectual Disabilities.

The federal courts continue to wrestle with whether sexual orientation is protected by Title VII – the law that prohibits discrimination based on sex. Although most circuit courts of appeal (including the 10th Circuit that covers Kansas) hold that Title VII does not cover sexual orientation, recent court decisions have brought the debate to the forefront.

We told you in a post last August that the 7th Circuit Court of Appeals had rejected the EEOC's position that discrimination based on sexual...READ MORE.