News & Analysis as of

Administrative Law Judge (ALJ) Nursing Homes

Cozen O'Connor

The State AG Report – 9/15/2022

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Here are this week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AG Frosh Announces Settlement with Alleged...more

Arnall Golden Gregory LLP

Nursing Facilities Obtain Increase of Fair Rental Value Rates

During 2018, five nursing facilities sought to create a more livable space for their residents by reducing their licensed bed capacities. These changes eliminated 3-bed wards in favor of semi-private rooms and improved living...more

Arnall Golden Gregory LLP

Seventh Circuit Upholds Citation and Penalty Against Nursing Facility Relating to Sexual Activity Among Residents

The United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) rejected an Illinois nursing facility’s challenges to an Immediate Jeopardy (“IJ”) citation and resultant $83,800 civil monetary penalty (“CMP”)...more

Flaster Greenberg PC

Medicaid Caregiver Child Exemption Success Story in New Jersey: Home Saved & Nursing Home Paid

Flaster Greenberg PC on

Flaster Greenberg’s seasoned elder law attorney, Jane M. Fearn-Zimmer, obtained a landmark Medicaid Final Agency Decision for her elderly, ailing client and her family after a three-year long dispute with the New Jersey...more

Holland & Knight LLP

Florida Agencies Reissue Emergency Generator Rules Pending Ratification of Permanent Rules by the Florida Legislature

Holland & Knight LLP on

The Agency for Health Care Administration and the Department of Elder Affairs have reissued Emergency Rules 59AER17-1 "Nursing Home Emergency Power Plan" and 58AER17-1 "Procedures Regarding Emergency Environmental Control for...more

Baker Donelson

Update on Florida's Emergency Generator Rules

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On September 15, 2017, Florida Governor Rick Scott directed that by November 15, 2017, all nursing homes and assisted living facilities in the state were to install generators capable of powering air conditioning systems for...more

Lowndes

Positive Ruling On Generator Rules May Not Protect Owners In The Short Term

Lowndes on

Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott’s emergency rule on generators and fuel, cautious senior living facility owners may still want to submit...more

Baker Donelson

Florida's Emergency Generator Rules Invalidated

Baker Donelson on

On Friday, Judge Garnett W. Chisenhall, a duly-designated administrative law judge of the Florida Division of Administrative Hearings, issued a ruling invalidating emergency rules requiring all Florida nursing homes and...more

Lowndes

Florida Administrative Law Judge Invalidates Governor’s Executive Order Mandating Generators for Senior Housing Facilities

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Last week, an Administrative Law Judge ruled against the governor and state agencies regulating senior housing communities, finding that the controversial emergency order did not address a true emergency and as written was...more

Bradley Arant Boult Cummings LLP

Alabama CON Report

I. SHPDA Administrative Report - AL2015-022, Gulf Health Hospitals, d/b/a Thomas Hospital, Daphne, AL: Proposes to establish a freestanding emergency department (FED). The project was approved with stipulation of...more

Bond Schoeneck & King PLLC

Health Law Wire: OMIG Standards for PRI Audits Held Arbitrary and Capricious (7/15)

The Office of the Medicaid Inspector General (OMIG) was recently given a set-back in its on-going audits of nursing home case mix submissions. These audits focus on “Patient Review Instruments” (PRIs) which form the basis of...more

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