Assisted Living and the Law, hosted by Troutman Pepper attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care...more
Last month, on April 22, the Centers for Medicare & Medicaid Services (CMS) issued its Minimum Staffing Standards for Long-Term Care Facilities final rule, which will apply to any long-term care (LTC) facilities that receive...more
On September 1, the Centers for Medicare & Medicaid Services (CMS) released the Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting proposed rule. This...more
9/13/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Employees ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Long-Term Care ,
Medicaid ,
Medicare ,
Nursing Homes ,
Proposed Rules ,
Request For Information ,
Skilled Nursing Facility
The Supreme Court’s recent decision in Health and Hospital Corporation of Marion County, Indiana, et al. v. Talevski has raised the stakes for nursing homes by ruling that private litigants may bring civil claims against...more
On February 22, 2023, the Department of Justice (DOJ) issued a press release highlighting the new Voluntary Self-Disclosure (VSD) Policy for U.S. Attorney’s Offices (USAOs). The DOJ developed this policy, which is applicable...more
4/28/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Cooperative Compliance Regime ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Healthcare Fraud ,
OIG ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Who Needs to Know -
Skilled nursing facility and nursing home operators....more
Every case — criminal or civil — presents different issues for nursing homes and their administrators. We are likely to see more cases, particularly in the civil context, trying to hold nursing homes and their administrators...more
Earlier this year, the U.S. District Court for the District of Minnesota approved a new liability theory that would effectively create a private right of action for violations of the federal Anti-Kickback...more
Why It Matters -
This decision casts doubt on the ability of nursing homes to rely on the PREP Act to shield them from liability against state-law claims or, at the very least, to remove such claims to federal court....more
8/20/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Countermeasures ,
Health Care Providers ,
Immunity ,
Infectious Diseases ,
Medical Marijuana ,
Nursing Homes ,
OSHA ,
Preemption ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Safety Precautions ,
Secretary of HHS ,
State Law Claims
On August 3, New York Gov. Andrew Cuomo signed legislation (New York S.B. 8335, enacted Aug. 3, 2020) that scaled back the immunity provisions enacted toward the beginning of the COVID-19 emergency for health care providers....more
8/11/2020
/ Coronavirus/COVID-19 ,
Criminal Liability ,
Criminal Prosecution ,
Executive Orders ,
Governor Cuomo ,
Gross Negligence ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Immunity ,
New Legislation ,
Relief Measures
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, allocated $100 billion to the Provider Relief Fund (Relief Fund) designated for hospitals and other health care providers...more
The initiation of a government investigation is often a stressful and anxiety-producing event for a health care company. The Department of Justice (DOJ) is known for its aggressive investigation and prosecution of health care...more
9/9/2019
/ Civil Liability ,
Compliance Management Systems ,
Cooperative Compliance Regime ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Government Investigations ,
Health Care Providers ,
Healthcare Fraud ,
Internal Controls ,
Third-Party ,
Whistleblowers