Bond Attorneys to Present on Hot Topics in LTC for Nursing Facilities at NYALTCA Conference, October 18, 2019

October 18, 2019

By: Raul A. Tabora, Jr., Kerry W. Langan, and John F. Darling

New York Association of Long Term Care Administrators Conference

DoubleTree by Hilton
Syracuse, NY
9 a.m. - Noon

Hot Topics in LTC for Nursing Facilities – Resident-to-Resident Abuse, Discharge Issues, Survey Compliance Mandates, Pending Marijuana Laws & Employer Rights and Legal Updates on Other Labor Issues

Between Washington, DC and the State Capital in Albany, the legal landscape in long-term care continues to rapidly evolve as we head into 2020. In this program, lawyers from Bond, Schoeneck & King who have concentrated on the LTC industry will discuss current hot topics in employment and regulatory issues.

Session 1
9 - 10:15 a.m. 
Pending marijuana laws and employer rights

A growing list of states have approved the use of medical marijuana and many have now approved the recreational use of marijuana as well. In 2019, Governor Cuomo stated that full legalization of marijuana in New York State was a priority. While it did not occur in 2019, this will be a hot topic during the upcoming legislative session.

These developments raise complex issues for employers. During our session we will discuss the current state of the law related to the use of medicinal marijuana in New York as well as the workplace issues that employers may face if, and when, recreational marijuana is legalized.

Recent amendments to the Human Rights Law
This session will also provide an overview of the following recent changes to the Human Rights Law: 

  • Harassment claims
  • Prohibition on discrimination based on traits historically associated with race
  • Increased employment protections for victims of domestic violence
  • Amendments to the law regarding paid time off to vote.  We will discuss the increase in the amount of paid time off to vote and other changes to the law that will impact employers.
  • Salary history ban.  This session will provide an overview of the new law that prohibits employers from making inquiries into an applicant or current employee’s wage or salary history.

Session 2
10:30 a.m. – Noon 
Resident-to-resident abuse issues

The new and revised Standards of Participation under Medicare and Medicaid have enhanced the obligations of nursing homes to identify potential abuse by residents toward other residents. When such abuse occurs, deficiencies under abuse, neglect or mistreatment will follow. Facilities are being cited in this area, despite the fact that a particular resident had not actually shown aggression prior to the incident. These issues also spill over into discharge and care planning once an attack or incident occurs. The session will outline these new standards as they have been enforced under the revised Interpretive Guidelines.   
The new compliance mandate for SNFs/NFs 
New York has been the only State to mandate compliance programs under Medicaid with regard to participation within this program. The new SOM requirements will now mandate that all NFs/SNFs across the nation implement a Compliance and Ethics Program effective November 29, 2019. 

In this session, we’ll outline the new standards and how you should add or supplement the existing OMIG program to ensure effective compliance—and answer a number of questions surrounding this mandate, including:

  • How does this new mandate change the existing Compliance Program you have under OMIG standards?
  • What new features should you include to ensure proper compliance with the Federal survey related mandate?