Nursing Homes

Florida Medical Record Disclosure Law Preempted by HIPAA

by Jennifer S. Geetter, James Saling, Heather Egan Sussman | McDermott Will & Emery on 5/20/2013

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), April 29, 2013

by Christine Waldmann Carmody, Blair L. Schiff | Pepper Hamilton LLP on 5/10/2013

In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this...more

If My Husband Goes Into A Nursing Home, Will I Lose My House?

by Hoffman DiMuzio on 5/6/2013

If it becomes necessary for your spouse to enter a nursing home for his or her long term care, the unknowns can be overwhelming. There may be many people ready to tell you what they have “heard” about Medicaid, such as,...more

Signs of Nursing Home Abuse

by Lanier Law Group, P.A. on 5/3/2013

Nursing home abuse or neglect can be difficult to detect. And while you may have suspicions, you may not know how to go about raising the issue with the staff. Being active and engaged is essential to safeguarding the safety...more

How To Spot Nursing Home Abuse

by Stipe, Harper, Laizure, Uselton, Belote,... on 4/29/2013

The decision to place a loved one in the care of a nursing home is a serious one. It is often the best possible solution for an elderly person and his or her family. Unfortunately, the decision is a difficult one with elder...more

The Dangers Of Hip Fractures To The Elderly

by Viles & Beckman, LLC on 4/19/2013

Movie critic Roger Ebert is keeping two thumbs up despite his recent hospitalization after falling and suffering a fractured hip. We’re not certain exactly how Ebert fell, but his wife tweeted fans that it was due to some...more

Georgia Nursing Homes And A Personal Injury Lawsuit

by Tate Law Group, LLC on 4/15/2013

About 1.5 million elderly and disabled people live in roughly 17,000 nursing homes in the United States. In September 2012, the National Center on Elder Abuse, Bureau of Justice Statistics reported that...more

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

by Martin Dix, Julie Gallagher, Sheryl D. Rosen | Akerman Senterfitt on 4/12/2013

As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home...more

Shorts on Long Term Care April 2013

by Kenneth L. Burgess, Jennifer G. Parser | Poyner Spruill LLP on 4/10/2013

In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Kenneth L. Burgess | Poyner Spruill LLP on 4/9/2013

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

CMS To Post Additional Nursing Home Deficiency Data Online

by Fuerst Ittleman David & Joseph, PL on 4/9/2013

On March 22, 2013, the Centers for Medicare and Medicaid Services (“CMS”) announced that it would increase the amount of information available online by posting a nursing home’s three (3) preceding standard health surveys and...more

Signing Arbitration Contracts on Admission to a Nursing Home – Who Is Bound?

by JAMS, The Resolution Experts on 4/3/2013

As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes...more

Nursing Home Abuse And How To Recognize It

by Law Offices of Robert Olkowitz, P.C. on 4/1/2013

Close to one million people in America live in nursing homes or other assisted living facilities. Most of them are not abused or neglected ¾ but even one victim of nursing home abuse is one too many....more

Final Regulations Governing Closure of Long Term Care Facilities

by Howard Sollins | Ober|Kaler on 3/29/2013

The federal Centers for Medicare and Medicaid Services (CMS) published a final regulation to further implement section 6113 of the federal health reform law, the Patient Protection and Affordable Care Act. The March 19, 2013,...more

OIG Recommends Increased CMS Enforcement of SNF Standards

by Holly Barker, Kathleen McDermott | Morgan Lewis on 3/22/2013

Amid alleged failures of skilled nursing facilities to meet care and discharge planning requirements, OIG identifies substantial payment errors....more

Alabama CON Review Board Update - March 2013

by Jennifer Clark, James Henry, Kristen A. Larremore, Colin H. Luke, Carey B. McRae | Bradley Arant Boult Cummings LLP on 3/21/2013

In This Update: - I. Certificate of Need Program - II. Reviewability Determinations and Pending Reviewability Determinations - III. Announcement: - Excerpt from Certificate of Need...more

The Latest Zpic Target: Medicare Cost Reports

by Fuerst Ittleman David & Joseph, PL on 3/18/2013

When Medicare was created in 1966, Medicare paid participating providers (e.g. hospitals and skilled nursing facilities) based on a portion of their costs. Medicare’s portion of costs was determined by multiplying total costs...more

You Should Know - March 2013

by Patrick Malone & Associates P.C. | DC Injury... on 3/16/2013

In This Issue: - Silent Epidemic - Types of Abuse - Know the Red Flags - Excerpt from Learn to Spot the Red Flags of Elder Abuse: Abuse of Elderly a Growing Concern in Aging America: Right now, millions of...more

Nursing Home to Pay $28M for Poor Care and False Billing

by Sylvia Hsieh | Lawyers.com on 3/11/2013

A jury ordered a nursing home to pay over $28 million for fraudulent billing, providing worthless services and for retaliating against two employees who complained about the shoddy care at the facility. ...more

Nursing Home Cannot Compel Arbitration Under Agreement Signed By Deceased Resident’s Son

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/7/2013

The Eighth Circuit made quick work of a nursing home’s argument in favor of compelling arbitration this week. In a suit alleging negligent care of a resident, the court ruled that the arbitration agreement was not...more

Worthless Services: Giving Nothing Can Cost You a Lot Under the False Claims Act

by James Holloway | Ober|Kaler on 3/1/2013

Numerous courts have recognized that knowingly billing the federal government for “worthless services” may be a violation of the False Claims Act (FCA). Recently, an Illinois nursing home learned how costly worthless services...more

Recognizing The Signs Of Nursing Home Abuse And How To Take

by Viles & Beckman, LLC on 2/28/2013

Our elders are often afraid, and not always capable of reporting the abuse that they are suffering. While more than 500,000 cases of elder abuse are reported every year in the United States, millions more go unreported....more

$28 Million Verdict Against Illinois Nursing Home Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

by Daniel Davis, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/26/2013

On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and...more

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

by Anne Cooper, Meredith Duncan, Kara Friedman, Lindsay Kessler, Jason Lundy, Matthew Murer, Hannah Neshek, Chuck Sheets, Kathryn Stalmack, Joseph Van Leer | Polsinelli on 2/22/2013

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing...more

Can You Trust Your Loved One’s Nursing Home?

by Lanier Law Group, P.A. on 2/21/2013

Elizabeth Kennedy of Greensboro did not have a good 2012. The 86-year-old woman may have been the victim of elder abuse at her nursing home, Maple Grove Health and Rehabilitation Center. Louise Jones, the victim’s daughter,...more

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