News & Analysis as of

Long Term Care Facilities

Dining for Dollars

In the past the dining room in any assisted living facility was considered comparable to a dispensary—a necessary service facility for the residents. Over time, some ALFs dressed them up with dress codes, decorations at...more

The Tennessee Health Services and Facilities Report: January 2018

by Burr & Forman on

The Tennessee Health Services and Development Agency ("HSDA") is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need ("CON") is a permit for the...more

Trump Administration Outlines Planned Regulatory — and Deregulatory — Actions for 2018

by Reed Smith on

The Trump Administration has updated its “Unified Agenda of Regulatory and Deregulatory Actions,” which lists the scope and anticipated timing of pending and future regulations. In releasing the agenda, the Administration...more

Health Care E-Note - December 2017

by Burr & Forman on

In Part One of his White Collar Courier series, Adam Overstreet detailed how the U.S. Department of Justice has focused its attention on the aggressive investigation and prosecution of “pill mill” cases. In Part Two, he...more

Health Update - December 2017

Part 1: Megatrends Reinventing How Patients Think - Editor’s Note: In a recent webinar for PharmaVOICE, Manatt Health revealed the megatrends reinventing the life sciences industry—and how they relate to new thinking by...more

Medicare Launches Hospice Compare Website

Patients looking for hospice care can now get help from Medicare’s website. The agency’s new Hospice Compare site allows patients to evaluate hospice providers according to several criteria. The site is a good start, but...more

Alabama CON Report

I. Certificate of Need Program - A. Project Modification AL2016-022, Geneva County Health Care Authority, Inc., Geneva, AL: Proposed to acquire, relocate and operate five (5) geriatric psychiatric inpatient beds as an...more

Three Reasons Why Giving Your House to Your Children Isn't the Best Way to Protect It From Medicaid

You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it....more

1 Incident Too Many — Crime in Nursing Homes

Don’t Ignore Elder Abuse - Nursing-home nightmares continue to plague the country, from California to Texas to Minnesota to Pennsylvania. But perhaps no other state is as impacted by the abuse, neglect and robbery of the...more

Strengthening Medicaid Long-Term Services and Supports in an Evolving Policy Environment: A Toolkit for States

Low-income adults who need and use long-term services and supports (LTSS) are among the most complex, expensive, and fast-growing populations covered by Medicaid. The challenges of organizing and paying for this much needed...more

Don’t Despair! Senior Housing Services Demand Will Continue to Grow.

Although the competition between facilities for residents and employees creates a headwind for the industry, it is important not to lose sight of the simple fact that time and demographics are on the side of senior housing...more

Elder Abuse: Are Granny Cams A Solution, A Compliance Burden, Or Both?

by Jackson Lewis P.C. on

In Minnesota, 97% of the 25,226 allegations of elder abuse (neglect, physical abuse, unexplained serious injuries and thefts) in state-licensed senior facilities in 2016 were never investigated. This prompted Minnesota...more

Requirements for Participation Guidance for LTC Surveyors Published

by Baker Ober Health Law on

The State Operations Manual Guidance for Long Term Care Surveyors (Appendix PP), effective November 28, 2017, has undergone substantial revision. As a result of regulatory changes, the F-tags for surveys have been renumbered....more

Tennessee Health Services and Facilities Report: November 2017

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the healthcare industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

North Carolina State Health Coordinating Council Votes on Proposed 2018 State Medical Facilities Plan

by Williams Mullen on

On October 4, 2017, North Carolina’s health planning body, the State Health Coordinating Council (SHCC), met in Raleigh to finalize its work on the document that will define health care opportunities in North Carolina for the...more

Privacy Tip #113 – Protect Seniors’ Personal Information

I just read an article about a nurse from Florida who was convicted of wire fraud, theft of government funds, possession of unauthorized access devices and aggravated identity theft....more

Senior Housing Transactions in 2017

by Williams Mullen on

Through the first three quarters of 2017, the market has continued to see steady deal flow in senior housing, with some sluggishness over the summer months. The dollar value of senior housing transactions for the first half...more

Sixth Circuit Hears Oral Argument in FCA Appeal

by Bass, Berry & Sims PLC on

The U.S. Court of Appeals for the Sixth Circuit recently heard oral argument in connection with a decision by the U.S. District Court for the Eastern District of Tennessee that primarily raised two FCA questions...more

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

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

K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part III

by K&L Gates LLP on

In the final episode of our three-part series on emergency preparedness and response in long term care, Kimi Gordy sits down with Sara Hamm, Senior Vice President of Successful Aging & Health Services for Lifespace...more

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

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

Health Care E-Note - October 2017

by Burr & Forman on

Health care providers are constantly receiving requests for copies of patient medical records. Some requests come by way of the patient exercising his/her right to access his/her medical records, some come by way of patient...more

Shorts on Long Term Care - October 2017 - News for the NC LTC Community

by Poyner Spruill LLP on

The Citation of Immediate Jeopardy Deficiencies Against Nursing Facilities: Unforeseen Consequences - There are no words more feared by a skilled nursing facility Administrator during an annual recertification survey or...more

Alabama CON Report

I. SHPDA Administrative Report - Contested Case AL2017-018, Huntsville Senior Services, LLC d/b/a Regency Remembrances, Huntsville, AL: Proposes to add thirty-two (32) specialty care assisted living beds to an existing...more

Enforcing Nursing Home Arbitration Agreements Post-Kindred

Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration...more

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