News & Analysis as of

Reporting Requirements Elder Abuse

Ballard Spahr LLP

FinCEN Issues Reminder to Financial Institutions to Identify and Report Elder Financial Exploitation

Ballard Spahr LLP on

On June 14, 2024, President Biden declared June 15th World Elder Abuse Awareness Day.  In honor of the day, the Financial Crimes Enforcement Network (FinCEN) reminded financial institutions (FIs) to remain vigilant in...more

Arnall Golden Gregory LLP

GAO Report Recommends That CMS Expand Hospice Abuse Reporting Requirements

The US Government Accountability Office (“GAO”) issued a report on December 12, 2022, recommending that the Centers for Medicare and Medicaid Services (“CMS”) expand hospice fraud and abuse reporting requirements to make them...more

Winstead PC

Presentation: Detecting Elder Abuse and The Duty to Report Financial Exploitation

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Detecting Elder Abuse and The Duty to Report Financial Exploitation” to the Southwest Association of Bank Counsel on Thursday, September 26,...more

King & Spalding

OIG Releases Audit Reports Finding High Prevalence of Nursing Home Abuse, Deficient Reporting Mechanisms

King & Spalding on

On June 12, 2019, OIG released two audit reports, A-01-17-00513 and A-01-16-00509, as part of its efforts to improve identification, reporting, and investigation of potential abuse and neglect of Medicare beneficiaries. OIG’s...more

Bricker Graydon LLP

Medical professionals required to report suspected elder abuse, neglect or exploitation

Bricker Graydon LLP on

Effective September 29, 2018, medical professionals in Ohio, including physicians and nurses, are required to report suspected elder abuse, neglect or exploitation. Ohio Revised Code 5101.63, which creates a duty to report...more

Bradley Arant Boult Cummings LLP

Alabama’s Act Aimed at Prohibiting Financial Abuse of Elders – Should It Be Expanded to Cover Insurers and Insurance Agents?

Alabama’s Elder Abuse Act attempts to protect financial abuse of elders. But by not including insurance companies and insurance agents, does the Act go far enough?...more

Cadwalader, Wickersham & Taft LLP

OIG Issues Stark Warning to Skilled Nursing Facilities: Potential Abuse or Neglect of Residents Receiving Emergency Room Services...

On August 24, 2017, the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) issued an “Early Alert” that disclosed the preliminary results of its ongoing review of abuse of Medicare...more

Searcy Denney Scarola Barnhart & Shipley

Nursing Home Nightmares — Beyond poor care

The lack of good care in nursing homes is a very real problem. Owners trying to enhance the bottom line often run with thin staffs, and it is the patient who suffers. For example, bed sores can cause terrible injuries and...more

Burr & Forman

Burr Alert: New Requirements of Participation for Skilled Nursing Facilities

Burr & Forman on

On October 4, 2016, The Centers for Medicare and Medicaid Services (“CMS”) released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the...more

Williams Mullen

Facility Policies Can Become a Basis for Assessing Civil Monetary Penalties

Williams Mullen on

In Brenham Nursing & Rehab. Ctr. v. U.S. Dep't of Health & Human Servs., No. 15-60272, 2016 WL 454320 (5th Cir. Feb. 4, 2016), the United States Court of Appeals for the Fifth Circuit upheld a Final Agency Decision of the...more

Fox Rothschild LLP

Elder Abuse Takes Another Twist and Turn

Fox Rothschild LLP on

If you thought the SEC and FINRA were serious about elder issues, welcome to the Alabama, Indiana and Vermont. Each has focused on elder abuse issues. These states will have mandatory reporting to state officials in...more

Jackson Walker

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

Jackson Walker on

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

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