AGG Talks: Healthcare Insights Podcast - Episode 6: Charting the Future of Nursing Home Staffing
Hospice Insights Podcast - A Refresh: What’s New in the New OIG General Compliance Program Guidance
Hospice and Home Health Survey Perspectives: A Conversation with Kim Skehan, VP of Accreditation at CHAP
An Alternative to Consolidations: Key Considerations for Management Services Organizations
A Very “Special” Episode: Amid Controversy, CMS Launches the Hospice Special Focus Program
Williams Mullen's Strategies for Senior Care: The Upside of Compliance Plans for Senior Care Facilities
Williams Mullen's Strategies for Senior Care: Is Your Senior Care Facility Ready for Day One (and Two) of a Certification or Complaint Survey?
What Does It Mean? Understanding the Practical Implications of the New 36-Month Rule for Hospices
Williams Mullen's Strategies for Senior Care: Agency Investigations of Senior Care Facilities
Williams Mullen's Strategies for Senior Care: Crisis and Incident Response for Senior Care Facilities
Rob DeConti on the Latest Guidance and Insights from the OIG at HHS
Strategic Restructuring for the Future, Putting a Plan Into Action: A Conversation With Gloria Brooks on Building End-of-Life Partnerships
Healthcare Headlines Episode 3 - Stay Ready: Trends in Healthcare False Claims Act Investigations
TELL ME SOMETHING GOOD! Planning for Post-Retirement Medical Expenses with 401(h) Plans
TELL ME SOMETHING GOOD! Planning for Post-Retirement Medical Expenses With 401(h) Plans
NOWOTNY KNOWS SQUAT! Part IV Using Post-Retirement Medical Plans to Raise AUM and Sell Life Insurance
NOWOTNY ON DEATH AND TAXES EPISODE 35 USING POST-RETIREMENT MEDICAL PLANS TO RAISE AUM
Medicaid Minute: Did Medicaid Send You a Notice Saying Your Care Cost May Be Increasing?
Hospice Insights Podcast: Innovators Series - A Conversation with Carla Davis, CEO of Heart of Hospice LLC
Long-Term Care Investigations: Critical Steps To Mitigate Risk and Protect Your Residents, Staff and Reputation
The Illinois Supreme Court recently held that a nursing home could not use a resident contract to compel an arbitration after a resident’s death. Clanton v. Oakbrook Healthcare Centre, Ltd., et al., 2023 IL 129067. The...more
Often when a parent or other family member gets to a point where they cannot safely live at home and take care of themselves due to their age or to health problems, the family must decide if that person needs to go into a...more
Since 1925, Congress and the United States Supreme Court have recognized arbitration as a favored means of dispute resolution, offering a faster, more private, and less expensive alternative to the court systems....more
Pre-dispute arbitration agreements are commonly found in customer contracts and employment contracts, including in many nursing home agreements. For those unfamiliar, arbitration is an alternative dispute resolution method to...more
On July 16, 2019, the Centers for Medicare & Medicaid Services (CMS) announced a final rule that lifted the ban on the use of pre-dispute, binding arbitration agreements by long term care facilities. Under the Obama...more
On July 18, 2019, the Centers for Medicare & Medicaid Services (CMS) published a Final Rule establishing requirements for arbitration agreements between long-term care (LTC) facilities and their residents. The Final Rule...more
The uncertainty surrounding the use of arbitration agreements in nursing homes has finally ended—at least for now. On July 16, 2019, CMS released its long-awaited final rule, which updates the requirements nursing homes must...more
On July 16, 2019, the Centers for Medicare & Medicaid Services (CMS) issued a final rule, “Medicare and Medicaid Programs; Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements” (84 FR 34718) (2019...more
After several years of debate and turmoil, late yesterday afternoon CMS issued a new Final Rule on the use of arbitration agreements by nursing homes. History - In 2016, CMS issued a Final Rule applicable to all...more
On January 4, 2019, a three-judge panel of the Pennsylvania Superior Court issued a non-precedential opinion finding that a Fayette County trial court erred when denying a nursing home’s attempt to compel arbitration. ...more
On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more
A recent decision by the Supreme Court of Appeals of West Virginia confirms the binding nature of arbitration agreements for nursing home admissions, even when an “alternate” power of attorney signs the agreement, as long as...more
The never-ending saga over nursing home arbitration agreements continues. On May 30, 2018, a panel of the Pennsylvania Superior Court ruled in Gross v. Genesis Healthcare, Inc., et al., No. 2022 EDA 2017 that a wife was not...more
A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more
Robin Hutcheson v. Eskaton FountainWood Lodge, et al., 2017 WL 5712590 holds that a resident at a residential care facility for the elderly which provides care beyond that of personal care cannot be bound by an arbitration...more
The Tenth Circuit recently upheld a district court’s confirmation of an arbitral award ordering a nursing home (“THI”) to pay fees and costs associated with the arbitration of a wrongful death claim. A personal representative...more
What happens when a nursing home patient signs an arbitration agreement with a 30-day rescission, or cooling-off, period and then dies before the end of that period? Is the agreement enforceable because it wasn’t rescinded? ...more
CMS issued a final rule on October 4, 2016, prohibiting pre-dispute arbitration agreements between long-term care facilities and residents. As reported here, on November 7, 2016, a Federal judge issued a preliminary...more
On June 2, 2017, CMS filed a motion to dismiss its appeal to the U.S. Circuit Court for the Fifth Circuit of a U.S. District Court decision blocking the agency’s ban on mandatory nursing home arbitration. CMS’s motion did...more
Despite parties mutually agreeing when a deal is made that they will arbitrate any disputes arising between them, often one party seeks to avoid arbitration when a dispute does arise. But on May 15, 2017, the United States...more
Time spent drafting and negotiating an agreement often pays dividends in assuring that each party gets the benefits they desire through the agreement and incurs obligations no greater than they intended. Two recent cases,...more
On May 15, 2017, the Supreme Court of the United States reaffirmed that the Federal Arbitration Act (the “FAA”) preempts state laws placing agreements to arbitrate on weaker footing than other types of contracts. In Kindred...more
Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more
On May 15, 2017, the U.S. Supreme Court reiterated the principle that the Federal Arbitration Act (FAA) requires states to treat arbitration agreements just as they treat other types of contracts. In Kindred Nursing Centers...more
The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law restrictions on arbitration agreements....more