News & Analysis as of

Long Term Care Facilities

Skilled Nursing Facilities Targeted in Government Enforcement Actions and Qui Tam Lawsuits

by Pepper Hamilton LLP on

Skilled nursing facilities (SNFs) have been the subject of multiple high-profile False Claims Act settlements in recent years, and new pronouncements and pending enforcement actions suggest that SNFs will continue to face...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

[Webinar] Long Term Care Employment Issues That Arise in Medical Malpractice Litigation - November 15th, 12:30pm ET

by LeClairRyan on

The long term care industry is highly labor intensive with numerous employment issues that can affect success of malpractice litigation. Join attorneys Nancy Reynolds and Brian Inamine for this complimentary, live one-hour...more

Tennessee Health Services and Facilities Report: October 2017

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

Nursing Home Costs Rise Sharply in 2017

The median cost of a private nursing home room in the United States has increased to $97,455 a year, up 5.5 percent from 2016, according to Genworth's 2017 Cost of Care survey, which the insurer conducts annually. Genworth...more

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

by K&L Gates LLP on

This is the second episode in a three-part series on emergency preparedness and response in long-term care. Since natural disasters can result in monumental expenses for rebuilding facilities, it is important to understand...more

CMS Memorandum Requires Legionella Risk Reduction in Healthcare Facilities

by Holland & Knight LLP on

According to a recent review of Legionnaires' disease outbreaks, 34 percent were associated with long-term care facilities and hospitals. Patients at risk of contracting Legionnaires' disease include smokers, those with...more

Nursing Home Care — Who protects the most vulnerable?

Who protects the elderly citizen? A recent article in Law360 suggested that nursing home claims may rise in the wake of Hurricane Irma and the Hollywood Hills Nursing Home tragedy. The article seemed to downplay the...more

Trump Administration Shelves Additional Obama Medicare/Health Plan Proposals

by Reed Smith on

The Trump Administration has formally withdrawn a number of pending Department of Health and Human Services (HHS) proposals that never reached the final rule stage. This includes: a controversial Part Medicare B drug payment...more

CMS Corrects Final FY 2018 IPPS, LTCH, and SNF Payment Rules

by Reed Smith on

CMS has released corrections to two major fiscal year (FY) 2018 Medicare payment rules. First, CMS has made numerous technical corrections to the FY 2018 inpatient prospective payment systems (IPPS) and long term care...more

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

by K&L Gates LLP on

This is the first episode in a three-part series on emergency preparedness and response in long-term care. Recent hurricanes affecting the United States have brought to light the importance of health care providers devising a...more

Better Healthcare Newsletter from Patrick Malone - October 2017

IN THIS ISSUE: - Need for nursing care may arise suddenly - Research, visit, consult. Repeat. And take all the time you can. - Make a decision, then make sure to stay engaged. - Care giving at home: It's a tough...more

Business Viewpoint with Philip Hixon: New rules and costs for long-term care

by GableGotwals on

Ronald Reagan once declared, “The nine most terrifying words in the English language are: ‘I’m from the government, and I’m here to help.’” Long-term care facilities experience this “help” with increasing frequency....more

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