by Elizabeth E. Hogue, Esq. | Jul 24, 2025 | Admin, CMS, Home Health, Hospice, Medicaid, Medicare, Regulatory
by Elizabeth E. Hogue, Esq. Patient's Right to Freedom of Choice of Providers U.S. Supreme Court Weighs In Patient’s rights to freedom of choice of providers who will render care to them is currently based on four key sources: Court decisions that establish the...
by Elizabeth E. Hogue, Esq. | Jul 18, 2025 | Admin, Legal
by Elizabeth E. Hogue, Esq. Employee or Independent Contractor DOL Won't Enforce Determination Standards The U.S. Department of Labor (DOL) has announced that it will no longer enforce a rule published in 2024 that have been used to decide whether workers are...
by Elizabeth E. Hogue, Esq. | Jun 27, 2025 | Admin, Caregiver Safety, Clinical
by Elizabeth E. Hogue, Esq. Groped by Patients Just a Slap on the Wrist Many aides in a variety of healthcare settings have been the victims of unwanted touching or groping. What should they do? In Dorothy Bills v. WVNH Emp, LLC, and Lanette Kuhnash [No. 2:22-cv-00093...
by Elizabeth E. Hogue, Esq. | Jun 20, 2025 | Admin, Legal
by Elizabeth E. Hogue, Esq. Medical Directors: Monthly Stipends Not Allowed Monthly stipends to Medical Directors for referrals of patients could cost you. Earlier this month, a hospice provider in Georgia settled claims of violation of the federal Anti-Kickback...
by Elizabeth E. Hogue, Esq. | Jun 13, 2025 | Admin, Clinical, Home Health, Hospice
by Elizabeth E. Hogue, Esq. "Painting Pictures" of Patients Painting Pictures in clinical documentation to achieve positive audit results. As the fight against “fraud, abuse and waste” continues, responding to audits has become an ongoing burden for many providers....
by Elizabeth E. Hogue, Esq. | May 29, 2025 | Clinical
by Elizabeth E. Hogue, Esq. Elderspeak Providers have all heard baby talk. Baby talk is just one kind of elderspeak, i.e., changes in the way caregivers speak to patients, especially elders, regardless of the person’s ability to understand and respond. Elderspeak...
by Elizabeth E. Hogue, Esq. | May 16, 2025 | Admin, Regulatory
by Elizabeth E. Hogue, Esq. Shoot the Messenger at Your Own Risk Shoot the messenger of fraud and abuse at your peril. Providers must take seriously the concerns of employees about possible fraudulent and abusive practices. Most whistleblowers take their concerns to...
by Elizabeth E. Hogue, Esq. | May 9, 2025 | Caring for the Caregiver, Clinical
by Elizabeth E. Hogue, Esq., It's National Nurses Week! Home Care Nurses, it’s National Nurses Week, May 6 – May 12, 2025, so we are celebrating the profession of nursing! Home Health Nurses Have a Proud History Home care nurses have an especially proud...
by Elizabeth E. Hogue, Esq. | Apr 24, 2025 | Admin, Hospice, Medicaid, Medicare, Medicare Advantage, Regulatory
by Elizabeth E. Hogue, Esq. No-no # 1 “No-No” may seem like something you would say to a toddler, but there is a list of things agency owners do that they should not do. Many of these are things providers may not often consider. This article focuses on the...
by Elizabeth E. Hogue, Esq. | Apr 11, 2025 | Admin, Audits, CMS, Medicare, Regulatory
by Elizabeth E. Hogue, Esq. Relief for Providers from Devastating Penalties? A judge in the Northern District of Texas recently decided that even the minimum penalties mandated under the False Claims Act (FCA) violate the Eighth Amendment’s Excessive Fines Clause...
