Nursing Homes

News & Analysis as of

Recent OIG Audits of Home Health and Hospice Surveys May Signal Increased Scrutiny on Worker Qualifications

Recent audits by the Department of Health and Human Services Office of Inspector General (“OIG”) conclude that state survey agencies in a number of states and a leading national accrediting agency serving the home health and...more

Miami Nursing Home To Pay Record $17M in Whistleblower Suit

A Miami-based nursing home network agreed Tuesday to pay a record $17 million to settle a False Claims Act suit brought by its former CFO, accusing it of running a kickback scheme. The case is United States of America et al...more

EEOC Sues Green Manor Rest Home to Enforce Conciliation Agreement

Nursing Home Failed to Comply With Agreement Settling Disability Bias Charge, Federal Agency Says - WILMINGTON, N.C. - A Parkton, N.C., nursing home violated a settlement agreement stemming from a disability...more

Fired Nurse Loses Whistleblower Suit over Suspected Drug Use

A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she...more

Department of Justice Takes Active Role in Lawsuit Against Nursing Home Chain

For the past six years, the Ohio-based nursing home chain HCR ManorCare has been embroiled in a whistleblower lawsuit featuring allegations that the company systematically overbilled Medicare and often put its residents...more

NJ Court says no double recovery for alleged injuries in Nursing Home

On post trial motions, based on recent decisions of the NJ Appellate Division, a private plaintiff cannot assert a cause of action against a nursing home for failure to comply with statutes, rules and regulations, but only...more

Long-Term Care Legislation in Florida - Regulatory Compliance Impacts Retirement Communities, ALFs and Nursing Homes

Long-term care companies in Florida need to dust off their regulatory compliance plans to see if updates are needed in light of several bills that passed during the regular legislative session of 2015. If they are signed by...more

Spring Vacations: Which arguments are winning on appeals from arbitration so far in 2015?

Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards. The seven opinions below emphasize how difficult it is to prove that an arbitrator exceeded his...more

CMS Call: National Partnership to Improve Dementia Care and QAPI (June 16)

On June 16, CMS is holding a call on the National Partnership to Improve Dementia Care and Quality Assurance and Performance Improvement (QAPI). The target audience for the call is consumer and advocacy groups, nursing home...more

Minnesota Session Ends With Governor Threatening Veto

The Minnesota legislature concluded its business last evening with Governor Mark Dayton threatening to veto a $17 billion public education funding bill – a threat he carried through with earlier today. The governor issued the...more

Cost of Private Nursing Home Room Now Averaging $91,250

The median cost of a private nursing home room in the United States has increased 4.2 percent to $91,250 a year, according to the 2015 edition of a Cost of Care survey that the insurer Genworth has conducted for the past 12...more

Reasonable Suspicion of a Crime in a Long-Term Care Facility and OIG Findings

On June 17, 2011, CMS published a memorandum detailing the reporting requirements when there is a reasonable suspicion of a crime in a long-term care facility as required by section 1150B of the Social Security Act....more

Nursing home deaths: When to suspect something isn’t quite right

Some nursing homes try to offer their residents good personal and medical care, but these reputable facilities are often overshadowed by the lack of care given at many other homes. Nursing homes are notorious for not...more

State and Local Taxation: Headline News and Trends - April 2015

In This Issue: Megatrends and Developments, Business Activity Taxes, Transaction Taxes, Other Issues... ...more

4 potential signs of nursing home neglect

The National Center on Elder Abuse estimates that one in three nursing home residents in the United States suffer from neglect. Illinois investigates nursing homes every 15 months or less, but a study by the U.S. General...more

When Reviewing a Reinstatement Decision by an Arbitrator, Consider Over a Dozen Factors

If you like getting lost on roads with your head spinning on which way to go, this is your post. (Everyone else, well, try to keep up.) I recap a case for companies with unions to pay attention to....more

When is nursing home considered medical neglect?

Many families opt to take their elderly loved ones to nursing homes due to the perceived level of medical care offered in these facilities. As individuals age, they are faced with unique medical needs that most families are...more

Tennessee CON Report

In this Issue: - I. March 2015 — Tennessee Certificate of Need Meeting - II. Certificate of Need Program Report—Filings in March 2015 - III. Projects Deemed Complete for Review at May 2015 Meeting...more

Falls a major contributor of nursing home deaths

According to the Centers for Disease Control and Prevention, 1,800 elderly nursing home residents die every year due to fall-related injuries. Those who survive, it reports, sustain injuries that cause permanent disability...more

Arbitration Agreements in Residency Contracts Offer Valuable Protections—Part III

Over the past few months, I have explained how arbitration agreements can help save your company money, and described several “best practices” for drafting arbitration agreements. As I wrote last month, getting your case...more

Repositioning of Nursing Homes to Alternative Models of Care

The juncture of the increasing drive to lower health care costs, consumer preferences for at home care or care in more residential environments, and the ability to deliver care as needed in portable and flexible ways, all...more

Illinois should allow cameras in nursing homes

Few things may be more difficult for families than placing their older loved ones in the care of an Illinois nursing home. Many people may have no choice as their elderly family members require constant help or supervision...more

Worthless Services Investigations and Settlements: The Enforcement Trend Continues

In recent years, state and federal governments have shown their willingness to criminally pursue skilled nursing home owners and operators for allegedly administering “worthless” or substandard quality of care to their...more

NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does...more

GAO Calls for Expanded HHS Efforts to Reduce Antipsychotic Drug Use in Community Settings

The Government Accountability Office (GAO) has issued a report examining the extent to which antipsychotic drugs are prescribed for older adults with dementia in nursing homes and other settings. ...more

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