Nursing Homes

News & Analysis as of

Continuing Care Retirement Community Denied Property Tax Exemption

The Illinois Appellate Court recently upheld the denial of a property tax exemption on both charitable and religious grounds for the Meridian Village continuing care retirement community (CCRC) in Glen Carbon. A CCRC provides...more

Assisted Living Facility Reform Likely In 2014

Reform of assisted living facilities (ALFs) has returned for the 2014 Florida Regular Session. The major reforms proposed seek to improve accountability, transparency, and regulation of ALF operations....more

Durable Power of Attorney Health Care Law Amended to Allow Immediate Access to Health Information

Recent changes to the durable power of attorney health care (“DPAHC”) law went into effect on March 20, 2014. Previously, an executed DPAHC would not operate to authorize the attorney in fact to obtain the principal’s...more

Nursing Home Reporting of Reasonable Suspicion of a Crime in a Long Term Care Facility

Nursing facilities, skilled nursing facilities, hospices that provide services in long term care facilities and independent living facilities that provide services for the developmentally disabled ("facilities") are required...more

New Development Regarding Medicaid STAR+PLUS Network Provider Agreements for Texas Nursing Homes

Beginning this fall, Texas nursing home reimbursement will be converted to Medicaid Managed Care. In preparation for the Medicaid Managed Care rollout, Texas Managed Care Organizations ("MCOs") recently sent out network...more

OIG 2014 Work Plan – Hospice

This article represents another installment of a series of articles that will outline the OIG’s activities, as discussed in the 2014 work plan, for a specific industry sector – hospice. For 2014, the OIG’s activities...more

OIG 2014 Work Plan – Skilled Nursing Facilities

Recently, the Department of Health and Human Services Office of the Inspector General (the “OIG”) released its work plan for 2014. The work plan provides stakeholders in the health care industry with a broad overview of the...more

Not Your Grandmother’s Nursing Home -- Boomers and Obamacare spur a transformation of the growing long-term care industry.

The modern nursing home was born from the Social Security Act, which conditioned payments in a way meant to eliminate state-run “almshouses” serving the elderly poor. Over the following decades, the long-term care sector was...more

Should Punitive Damage Claims Be More Limited in Florida Nursing Home Abuse Cases?

Imagine discovering that your elderly loved one suffered abuse or neglect at a nursing home you trusted to provide the care you could not give in your own home. Now imagine that the nursing home was aware of the situation and...more

2014 OIG Work Plan: Questionable Billing Patterns for Part B Services During Nursing Home Stays

The 2014 OIG Work Plan includes the following: Billing and Payments. We will identify questionable billing patterns associated with nursing homes and Medicare providers for Part B services provided to nursing home...more

Elder Protections in the Affordable Care Act

Twenty-one employees of a Georgia nursing home specializing in caring for patients with Alzheimer’s disease were recently arrested on abuse charges that included using bed sheets as restraints and failing to maintain proper...more

Recognizing One of the Earliest Signs of Nursing Home Negligence

Turning over the care of your elderly loved one to a nursing home is a difficult decision. However, nursing homes have the staff and training to provide the 24-hour care most people cannot provide in their homes....more

Proceed With Caution: Contracts Between Senior Communities And Placement Agencies May Not Violate The Anti-Kickback Statute

In This Issue: - Background of the Arrangement - The OIG’s Analysis: How the Senior Communities Reduced Their Risk - What Providers Should Know - Excerpt from Background of the Arrangement: The...more

Advisory Opinion 14-01: OIG Says No AKS Sanctions for Senior Communities that Compensate Referral Source

In its first Advisory Opinion of 2014, the Department of Health and Human Services Office of Inspector General (“OIG”) found that an arrangement between a placement agency (the “Placement Agency”) and certain senior...more

OIG Issues Favorable Opinion of Arrangement Containing Percentage-Based Compensation Structure

Last week, the OIG issued an advisory opinion indicating that it would not impose sanctions on an arrangement pursuant to which a placement agency receives a percentage-based fee for referring new residents to senior...more

When Nursing Homes Cause Harm

Statistics compiled by the National Center on Elder Abuse show that nearly nine out of ten nursing homes fail to provide adequate patient care and that more than a third of nursing homes have violated elder abuse laws. The...more

Key 2014 Dollar Limits for Medicaid Long-Term Care Coverage Released

The Centers for Medicare & Medicaid Services (CMS) has released the 2014 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep and the limit on how much a home can be worth for...more

Tennessee CON Report - December 2013

In this issue: - I. December 2013 — Tennessee Certificate of Need Meeting - A. Consent Agenda - B. Certificate of Need Review - C. General Counsel’s Report - A. Certificate of Need...more

Nursing Home Negligence Is on the Rise

When you placed your loved one in a nursing home, you probably did so because you felt it was the safest place. If you are like most people, you probably did some research, visited numerous nursing homes and made the best...more

CMS Issues New Surveyor Guidance on Initiating CPR in Nursing Homes and Facility CPR/DNR Policies

In a highly publicized recent case in California, a registered nurse working in an independent living facility refused to initiate cardiopulmonary resuscitation (CPR) on an elderly resident who was experiencing respiratory...more

Hospitalizations High for Medicare Nursing Home Residents

The Office of the Inspector General (OIG) released a study on November 17, 2013 studying 2011 hospitalization statistics for Medicare nursing home residents. The report finds that one quarter of Medicare nursing home...more

Using an Annuity to Keep the Spouse of a Medicaid Applicant from Becoming Impoverished

When one spouse qualifies for Medicaid to pay for a nursing home stay, the spouse who is at home is often left without many resources. While Medicaid has rules to prevent community spouses from impoverishment, the protections...more

Failure To Maintain Automatic Sprinkler Systems In Nursing Homes Now Leads To Survey Citations And More

As of August 13, 2013, all nursing homes participating in Medicare or Medicaid must have automatic sprinkler systems installed throughout the building. CMS first established the sprinkler requirement in a final rule published...more

Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII...more

Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors

On July 2, 2013, the United States Court of Appeals for the Sixth Circuit in GGNSC Springfield LLC v. NLRB denied enforcement of an order of the National Labor Relations Board (NLRB) that found registered nurses (RNs) at a...more

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