Nursing Homes

News & Analysis as of

Client Alert - The Government Makes a Business Associate Pay: What HIPAA Covered Entities and Business Associates Can Learn from...

The government has entered into its first settlement with a HIPAA business associate, including a $650,000.00 monetary penalty, ushering in a new period of enforcement for third parties who use Protected Health Information...more

Technology Must Be A Priority for Senior Living Communities

A recent panel at the Chicago Senior News Chicago Summit discussed the tendency of senior housing developers to spend money on the wrong priorities. In particular, they noted that money spent on technology should be...more

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint...more

BYOD Risks under HIPAA – Does Your HIPAA Compliance Program Adequately Address the Ever Increasing Use of Portable Electronic...

Many U.S. employers are now allowing employees to use their own personal handheld devices and laptop computers for work-related purposes. As the age of employer-provided devices is coming to an end and “bring your own device”...more

First Ever OCR Settlement of Enforcement Action against HIPAA Business Associate Due to PHI Breach

On June 30, the Office of Civil Rights (OCR) announced the first HIPAA settlement agreement with a business associate. This follows recent settlements with two HIPAA covered entities under HIPAA due, in large part, to the...more

Recognizing the Signs of Nursing Home Abuse

Nursing home abuse is a significant problem in the United States that affects thousands of innocent victims every year. Unfortunately, it is difficult to get an accurate measure of the scope of the problem, and the National...more

The Duty of Care to Distressed Employees

The Supreme Court of Queensland has allowed a negligence claim by a former nursing home administrator whose pre-existing anxiety disorder was exacerbated by work stressors1....more

Worth Another Look: Amendments to the Human Services Code

Typically when a state General Appropriations (GA) bill for the new Fiscal Year is passed, the legislature considers bills amending the Public School Code, Human Services Code, Fiscal Code and Tax Code. While the GA bill...more

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to...more

CMS 2016 Nursing Home Action Plan Overview

On May 17, the Centers for Medicare & Medicaid Services (CMS) released its new Action Plan for Further Improvement of Nursing Home Quality (Action Plan). The Action Plan is CMS’ strategic plan for nursing homes that is...more

Connecticut Health Law Legislative Update

Current law permits a hospital, health system, or medical school to organize and become a member of a medical foundation, which can practice medicine through its employees or agents who are physicians, chiropractors,...more

Health IT Bill Passes Congress, Opening Affordable Broadband Access to Rural Nursing Homes

In a late night voice vote on June 7, 2016, the Rural Health Care Connectivity Act finally passed the full Senate. Among other things, the new law promises to open up opportunities for both the long-term care industry in...more

West Virginia Supreme Court- Medical Power of Attorney Does Not Have Power to Make Binding Legal Decisions for Incapacitated...

In May, the Supreme Court of Appeals of West Virginia issued a decision in the Wanda Williams v. CMO Management, LLC case. Robert Thompson suffered from Alzheimer’s disease and resided at a nursing facility preceding his...more

CMS Releases Nursing Home Action Plan for 2016/2017

The CMS Survey and Certification Group has released its 2016/2017 Nursing Home Action Plan, which details the agency’s strategy for continuing to improve nursing home quality. The plan focuses on five strategies for quality...more

CMS Proposes Fiscal Year 2017 Payment for Skilled Nursing Facilities and Provisions for FY 2019 Value-Based Purchasing...

Overall, the Proposed Rule details CMS’s proposals for SNFs in CMS’s accelerating pace of shifting Medicare payment from volume to value toward the administration’s goals and timeline for moving the Medicare program, and the...more

You Should Know - May 2016

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

Mississippi CON Report

1. Mississippi Certificate of Need Meetings during April 2016 - During the April 28, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and...more

CMS Adds New Quality Measures To Nursing Home Compare Website

To help residents and their families find a quality Medicare or Medicaid certified nursing home and to encourage nursing homes to achieve high quality by public reporting of quality measures, in 1988 the Centers for Medicare...more

South Dakota accused of bias in confinement of sick and disabled

Severe diabetics, the blind, and the mentally ill all too often get sent to sterile and restrictive group or nursing homes by South Dakota officials who can’t seem to find other care options because they discriminate against...more

Statistical Sampling in FCA Case Under Review by 4th Circuit Court of Appeals

The issue of using statistical sampling in federal False Claims Act (FCA) cases has come to the fore in the 4th Circuit Court of Appeals, following a U.S. District Court decision denying its use in a case brought in South...more

Wrongful discharge – alive and well in Oklahoma

It’s been awhile since Oklahoma’s Supreme Court weighed in on the ability of fired employees to sue their employers for wrongful discharge. Now a vomiting nurse gets to take a shot at the nursing center that terminated his...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

CMS Launches Initiative to Reduce Avoidable Hospitalizations of Nursing Facility Residents with Announcement of Six Cooperative...

Following up on CMS’s August 2015 announcement that it was creating “a new funding opportunity” intended “to reduce avoidable hospitalizations by funding higher-intensity interventions in nursing facilities for residents who...more

In 3 Recent Decisions, Supreme Court of Arkansas Deeply Divided on Arbitration

The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent. The cases offer an...more

Does Arbitration Belong in the Nursing Home World?

As part of admission into a nursing home, a facility typically requires prospective residents to agree to binding arbitration. Arbitrating disputes generally allows nursing facilities to handle disputes without incurring the...more

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