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Tips for Long Term Care Collections Policies

Many long term care providers (including skilled nursing, assisted living and personal care homes) may have a written collections policy. If yours doesn’t - why not? ...more

Can your business be reimbursed for legal fees when you file suit to collect money due?

I often assist my business clients with collections matters. Frequently my clients ask, “Can we make them pay your legal fees?” If your business has a well-written contract and is successful in the collections lawsuit, the...more

Nursing Homes Finally Score a Victory: the Supreme Court of the United States Rules that States May Not Treat Arbitration...

As blogged about before, the nursing home industry has long been under fire for the arbitration agreements used as part of the industry’s admissions process. Yesterday, in a victory for the industry, the Supreme Court of the...more

Commonwealth Court Dismisses Pennsylvania Attorney General’s Lawsuit against Golden Living

Many nursing home operators have been closely watching the litigation between the Pennsylvania Office of Attorney General (“OAG”) and the Golden Living chain of skilled nursing facilities. On March 22, 2017, the Commonwealth...more

(Another) New Burden Placed on Pennsylvania Long Term Care Facilities- Determining Whether an Agent Actually Had Authority to Sign...

On February 1, 2017, the Pennsylvania Superior Court ruled in Petersen v. Kindred Healthcare, Inc., 2017 PA Super. 26, that a party, such a nursing home, must determine whether a successor agent actually has authority to act...more

Does Your Nursing Home Discharge Notice Comply with the New Federal Requirements?

Long-term care providers should check their form notice of discharge to ensure that it complies with the new requirements sent forth in 42 C.F.R. § 483.15. The updates to this regulation were effective November 28, 2016....more

CMS Final Rule Prohibiting Nursing Home Use of Arbitration Agreements Put On Hold

This morning, U.S. District Court Judge Michael P. Mills granted a preliminary injunction in the U.S. District Court for the Northern District of Mississippi, putting on hold the looming November 28, 2016 deadline that would...more

CMS Prohibits Long Term Care Facilities from Using Arbitration Agreements at Intake and Prior to Disputes

Last week, the Centers for Medicare and Medicaid (“CMS”), a part of the Department of Health and Human Services, issued a new Final Rule applicable to all long term care facilities that accept Medicare and Medicaid...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

Personal Care Home Had No Duty to Restrict Resident’s Movements

Several days ago, the Pennsylvania Superior Court issued a non-precedential decision in the case of Hackenburg v. Grane Healthcare Co. In this matter, a resident of a personal care home (Amber Terrace) was struck and killed...more

ESPN v. University of Notre Dame Security Police Department

Earlier this year, ESPN sued the University of Notre Dame Security Police Department, alleging that Notre Dame was withholding police documents involving campus crimes allegedly committed by a number of student-athletes. ...more

Pennsylvania Nursing Home That Failed To Sign Arbitration Agreement Cannot Seek to Enforce the Agreement

On January 15, 2015, the Pennsylvania Superior Court in Bair v. Manor Care of Elizabethtown, PA, LLC 2015 Pa. Super. 9 (2015) ruled that a nursing home arbitration agreement was not enforceable when the facility did not sign...more

A former physician assistant student at Lock Haven University sued eight individual defendants (but not the university) after his...

A former physician assistant student at Lock Haven University sued eight individual defendants (but not the university) after his dismissal from the program, alleging civil rights violations. In Weil v. White,...more

No, You Can’t Impose An Unknown Regulation On A Hospice Provider And Attempt To Retroactively Deny Payment

In December, 2013, the Pennsylvania Commonwealth Court ruled that a hospice facility’s due process rights were violated when the Department of Public Welfare (“DPW”) imposed an additional requirement without giving notice to...more

My Business Is Being Sued in Small Claims Court, Now What?

Perhaps you have an unhappy customer, a disgruntled employee or a dispute with a supplier. You’ve tried to resolve the dispute, but just cannot come to an agreement. Now, the sheriff or a constable is knocking at your door...more

12/6/2013  /  Small Claims Court

Not Fired For Being A Guy: Professor Loses Lawsuit

Dr. Keith Kull sued Kutztown University of Pennsylvania in federal court alleging that the university denied him tenure and fired him because he was male. The collective bargaining agreement provided that tenure-track...more


You Still Have To Follow The Rules If You Want An Advanced Degree!

A former Ph.D. student sued the University of Michigan and several faculty members after the university removed him from the Ph.D. program. Joseph Dean Vigil failed to complete his dissertation and Ph.D. requirements within...more

Should My Company Become A Certified Women’s Business Enterprise (WBE)?

If you are a female business owner, you may be certified or are considering obtaining certification as a Women’s Business Enterprise. The basic qualifications for WBE certification include...more

Cleary Act Reporting Deadline Extended Due To Government Shutdown; EADA Deadlines Remain

The deadline for colleges and universities to report crime statistics (and fire statistics, if applicable) under the Cleary Act is extended to Thursday, October 24, 2013 due to the government shutdown. ...more

10/23/2013  /  Colleges , Deadlines , Universities

Top 5 Collections Mistakes Made By Long Term Care Facilities

Money is a touchy subject. This is especially true when dealing with the elderly or infirm. However, facilities cannot keep the lights on if the bills are not paid. It can be a frustrating process- residents or their...more

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