When Does a Citation Become a Misrepresentation?

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The unfortunate reality for most long term care providers is that citations happen. While providers strive for citation-free surveys, the seeming subjectivity, inconsistency, and unpredictability of the regulatory oversight process make this goal more aspirational than realistic, especially for those with challenging resident populations and decreasing reimbursement rates.

This reality becomes even more frustrating when realizing that citations may give rise to new forms of liability outside the regulatory arena. Indeed, survey results can serve as a breeding ground for civil lawsuits given that these results are publicly available and that, on their face, they purport to highlight a facility’s deficiencies.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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