Long Term Care Facilities

News & Analysis as of

CMS's Proposed IPPS and LTCH FY 2017 Rule: Key Takeaways

On April 18, 2016, CMS released its proposed rule addressing new payment rates and policies under both the Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment System (PPS),...more

CMS Releases Hospital Inpatient PPS and Long-Term Care Hospital PPS Proposed Rule

CMS released updates to the Hospital Inpatient Prospective Payment System (Hospital IPPS) and Long-Term Care Hospital Prospective Payment System (LTCH PPS) in a proposed rule on April 18, 2016 (Proposed Rule). The Proposed...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On April 21, 2016, CMS issued a proposed rule entitled, “Medicare Program: FY 2017 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements.” This...more

DOJ Targets Nursing Fraud with New Task Forces

On March 30, 2016, the U.S. Department of Justice launched 10 regional task forces targeting “grossly substandard care” in nursing homes and other long-term care facilities across the country. The task forces combine federal,...more

DOJ Announces Regional Elder Justice Task Forces

On March 30, 2016, the United States Department of Justice (DOJ) issued a press release announcing the launch of ten regional Elder Justice Task Forces. The release describes these Task Forces as part of DOJ’s efforts to...more

New DOJ “Elder Justice Task Forces” to Focus on Nursing Home Care Quality

The Department of Justice has created 10 regional Elder Justice Task Forces “to coordinate and enhance efforts to pursue nursing homes that provide grossly substandard care to their residents.” The Task Forces are comprised...more

DOJ Launches Task Force Initiative, Targets Long Term Care Providers

The U.S. Department of Justice (DOJ) is assembling 10 regional Elder Justice Task Forces that will target skilled care facilities that provide substandard care to residents. The DOJ’s task forces consist of members from U.S....more

Department of Justice Launches 10 Regional Elder Justice Task Forces

On March 30, the Department of Justice (DOJ) announced the launch of 10 regional Elder Task Forces, including one in Washington state, for the purpose of coordinating and enhancing efforts to pursue nursing homes “that...more

News from Second and State

Weekly Wrap: - After all the budget buzz last week, it was a very quiet week in the capitol city (and that’s no April Fool’s joke!) So without further ado, let’s turn our attention to what’s on the horizon for next...more

Double (16-hour) shift was not prohibited by ESA or OHSA: arbitrator

A labour arbitrator has held that the practice of unionized long-term care home employees voluntarily working two 8-hour shifts in succession did not violate the Ontario Employment Standards Act or Occupational Health and...more

California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage Claims

Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses...more

MedPAC Publishes Report to Congress on 2017 Policies, Recommends Payment Reforms and Cuts to Part B Payments to Hospitals for 340B...

On March 15, 2016, MedPAC submitted its 2016 annual report to Congress on Medicare payment policies for 2017. In the Report, MedPAC makes a number of recommendations to Congress pertaining to payment under Medicare...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On March 8, 2016, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule entitled, “Medicare Program; Part B Drug Payment Model.” The proposed rule seeks...more

Field Trips, Resident Safety and Liability: Considerations for Long Term Care Facilities

In virtually any skilled nursing or assisted living facility, activities for senior residents are an integral part of the facility's operations. Many facilities tout or advertise the activities that their facility offers to...more

Whether You Know It or Not, There Are or Will Be a Granny Cam in Your Center: What Are You Going to Do About It?

You are the exception if you haven't had a family member put a video camera in a resident's room. Sometimes they do it secretly, like in a digital photo frame, and sometimes they put them in plain view. This raises major...more

CMS Therapy Payment Model Under Review: What to Expect in 2016

In 2015, the Medicare payment system for therapy services provided by Skilled Nursing Facilities (SNFs) saw intense media and governmental scrutiny. Several news articles and reports were published on the need for reform,...more

Your Right to Refills If Medicare Drops Coverage of Your Drugs

Medicare prescription drug plans can change which drugs they cover, leaving you without coverage for a drug you need. Or you may switch plans into a plan that doesn't cover your medication. In these circumstances, Medicare...more

Most States Delayed in Implementing Long-Term Care Background Check Program, OIG Finds

The Office of Inspector General’s (OIG’s) recent report found significant delays in states’ implementation of a background check program for long-term care employees. Because the interplay between Ban the Box laws and...more

The Value of Background Checks – A Legally Compliant Screening Program

The Affordable Care Act provides grants to states to implement background check programs for prospective long-term-care employees in settings such as nursing facilities, home health agencies and hospices....more

CMS’ Staffing Data Reporting Requirement Becomes Mandatory for Long Term Care Facilities

Beginning on July 1, 2016, under an amendment to the Affordable Care Act, long term care facilities must electronically submit to the Secretary of U.S. Department Health and Human Services direct care staffing information,...more

Unlawful Trade Practices, Investigations, and Claims: Are Long Term Care Providers at Risk?

Though the statutory names vary from state to state, certain laws exist in every state for the same general reason—to protect consumers from fraud and unfair or deceptive business practices. Known generally as unfair or...more

Electronic Monitoring Notification and Consent Form Released

The Illinois Department of Public Health has released the Electronic Notification and Consent Form on Friday, January 29, 2016. The Authorized Electronic Monitoring in Long-Term Care Facilities Act (Public Act 099-0430)...more

New Legal Protections for Illinois Residents in 2016

Each New Year brings a slew of changes to laws and regulations at the state and local level. For Illinois residents, 2016 is no exception. With 230+ new laws on the books as of January 1st, knowing where you stand isn’t...more

PA Court Permits Attorney General to Retain Contingency Counsel to Enforce Consumer Protection Laws Against Long-Term Care...

State and local governments will increasingly use consumer protection law to regulate long-term care facilities, with private plaintiffs’ counsel advocating for a role in government actions. Under GGNSC Clarion LP v....more

Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

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