Long Term Care Facilities

News & Analysis as of

CMS Seeking Comments on Medicare IRF/LTCH Patient Experience Surveys

On November 20, 2015, CMS is publishing two notices requesting public comments on the development of surveys regarding patient and family member experiences with the care received in (1) inpatient rehabilitation facilities...more

Summary of CMS Proposed Rule for Discharge Planning Requirements

On November 3, the Centers for Medicare & Medicaid Services (CMS) issued a Proposed Rule that would revise the discharge planning conditions of participation (CoPs) for Hospitals, Critical Access Hospitals (CAHs), and Home...more

Real Estate Gazette - Issue 22: Focus on Specialized Assets

It is clear that demographics play a part in dictating which investment opportunities are prominent at any point in time. For example, in France, the rise in student numbers has boosted demand for student accommodation in the...more

What Happens to LTC Arbitration Agreements if the Proposed CMS Rules are Implemented?

By now, most industry members are aware that Centers for Medicare and Medicaid Services (CMS) recently published a proposed set of new rules for regulating long term care (LTC) facilities. During the review period, CMS...more

DOL Creates Long-Term Headache for Long Term Care: Higher Wages, More Overtime and Greater Overhead

Last month, the U.S. Department of Labor (DOL) proposed new regulations under the Fair Labor Standards Act (FLSA) that will dramatically increase the number of employees who must be paid overtime for all hours worked beyond...more

Preparing for the Inevitable: Legal Holds

Litigation is an unfortunate inevitability in the long term care industry. How well your company weathers that storm often depends on your preparation, and one of the most vital parts of your litigation response plan is your...more

CMS Proposes Rules Requiring LTC Facilities to Implement Compliance and Ethics Programs

Under proposed rules issued by the Centers for Medicare and Medicaid Services (CMS), long term care (LTC) facility operators would be required to develop, implement and maintain a comprehensive compliance and ethics program...more

What is the TCPA and Why is it of Concern to Long Term Care Facilities?

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to protect consumers, especially cell phone consumers, from unwanted robocalls and texts. The Act applies to virtually any company that utilizes auto-dialing...more

Developments in Long-Term Care Q2 2015

The following summary highlights key federal court developments and administrative decisions involving skilled nursing facility survey and related issues during the second quarter of 2015....more

CMS Publishes Proposed Rule on Hospital/HHA Discharge Planning Requirements

On November 3, 2015, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule that would modify the discharge planning conditions of participation (COPs) for hospitals, including long-term care hospitals...more

EPA'S Hazardous Waste Pharmaceuticals Rules May Impose Significant Burdens on Health Care Facilities - Comment Period Runs Until...

The Environmental Protection Agency (EPA) has promulgated its proposed regulation of “hazardous waste pharmaceuticals,” i.e., pharmaceutical residues discarded from health care facilities which also meet EPA’s long-standing...more

The Deeper Dive: Medicare’s Fundamental Shift Toward P4P - What priorities should providers focus on in navigating the changing...

While Medicare’s path toward pay for performance (P4P) has evolved over time, 2015 is proving to be a landmark year. July marked the 50th anniversary of the Medicare program. And in self-described “historic announcements”...more

Overreaching or Underreaching? Comments on the CMS Proposed Rule on Arbitration Agreement in Long Term Care Facilities

During the 90-day public comment period on the Center for Medicare & Medicaid Services (CMS) proposed rule entitled “Reform of Requirements for Long-Term Care Facilities” which closed October 14, 2015, CMS received nearly...more

CMS Corrects FY 2016 Medicare Payment Rules

CMS has released corrections to a number of fiscal year (FY) 2016 final Medicare payment rules. Specifically, on October 5, 2015, CMS is publishing corrections to...more

CMS Implements Changes to Prospective Payment System for Long-Term Care Hospitals

The Centers for Medicare & Medicaid Services (CMS) has implemented a revised payment system for Long-Term Care Hospitals (LTCHs). The changes, which became effective on October 1, define two separate payment categories for...more

CMS to Host Call on Implementation of the IMPACT Act

On October 21, 2015, CMS is hosting a provider call to discuss the Improving Medicare Post-Acute Care Transformation (IMPACT) Act of 2014. The call will cover...more

Kentucky Supreme Court Compares Giving Up Jury Trial To Giving Up Parental Rights; Refuses To Enforce Arbitration

Nursing home arbitration agreements are among the most unpopular arbitration agreements around.  Last week, Kentucky’s Supreme Court issued a lengthy, but fractured, opinion, finding three arbitration agreements were never...more

CMS Issues Proposed Rule Significantly Modifying the Requirements for Long-Term Care Facilities Participating in the Medicare and...

On July 16, 2015, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule comprehensively updating and extensively revising the requirements for participation for long term care (“LTC”) facilities...more

Big Deal Monday For September 21, 2015

Senior Housing News reports several transactions over the last couple of weeks – some large, some small – that show the market continues to be strong for the acquisition of existing senior living communities nationwide. Here...more

Also In The News - Health Headlines - September 2015 #2

Final ACO Fraud Waiver Under OMB Review – The White House Office of Management and Budget (OMB) reported on September 9, 2015, that it began its review of the final rule (CMS-1439-F; RIN 0938-AR30), titled “Medicare Shared...more

CMS Extends Comment Period on Proposed Rule to Reform LTC Requirements

On September 15, 2015, CMS published a notice extending by 30 days the comment period for its July 16, 2015 proposed rule entitled “Reform of Requirements for Long-Term Care Facilities.” Specifically, the comment period has...more

OSHA Sets Sights on Health Care Facilities & Transgender Restrooms

The Occupational Safety and Health Administration (OSHA) was busy this past summer, announcing a host of new enforcement priorities.  Here we recap two: (1) combatting employee illness and injury at inpatient-care facilities;...more

Potential Changes to Long-Term Care Licensure in Massachusetts

Regulations proposed by the Massachusetts Department of Public Health (“DPH”) may significantly change the procedure for state approval of nursing home sales and closures. Following public scrutiny around state inspection...more

Illinois Passes Authorized Electronic Monitoring in Long-Term Care Facilities Act

On Friday, August 21, 2015, Illinois Governor Bruce Rauner signed into law Public Act 099-0430, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, which permits a resident of a nursing home and her family...more

BIG DEAL MONDAY: Summer Deals Heating Up the Market

Our friends at Senior Housing News (www.seniorhousingnews.com) have reported on a number of recent transactions that show the senior housing market continues to be hot, just like the summer weather here in Florida!...more

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