News & Analysis as of

Long Term Care Facilities Regulatory Requirements

Snell & Wilmer

Significant Rule Changes Ahead for Arizona Assisted Living Facilities Providing Memory Care and Directed Care Services

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On April 8, 2024, Governor Katie Hobbs signed HB 2764 into law. Among other things, this law added A.R.S. § 36-405.03(A), which requires the Arizona Department of Health Services (the Department) to establish rule standards...more

Holland & Knight LLP

CMS Releases Fiscal Year 2026 IPPS and LTCH Proposed Rule

Holland & Knight LLP on

The Centers for Medicare & Medicaid Services (CMS) on April 11, 2025, issued the proposed fiscal year (FY) 2026 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long-Term Acute Care Hospital (LTCH) Rule...more

King & Spalding

CMS Proposes 2.8% Payment Update for Skilled Nursing Facilities

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On April 11, 2025, CMS proposed a rule that would update policies and payment rates used under the Skilled Nursing Facility (SNF) Prospective Payment System (PPS) for FY 2026 (Proposed Rule). The Proposed Rule also proposes...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - April 2025

I. II. Certificate of Need Program - A. AL2024-025, 211-213 Ana Drive Operations, LLC d/b/a Hilltop at Glenwood II, Lauderdale County, AL: Proposes to convert sixteen (16) existing assisted living facility (ALF) beds into...more

Benesch

Off-Cycle Medicare Revalidations for SNFs – Deadline Extended to August 1, 2025

Benesch on

On April 17, 2025, the Centers for Medicare and Medicaid Services (“CMS”) announced via a Medicare Learning Network (“MLN”) update that the deadline for submission of mandatory off-cycle Medicare revalidations for skilled...more

Arnall Golden Gregory LLP

SNF Off-Cycle CMS-855A Reporting Delayed to August 1, 2025

Mandatory Medicare reporting for skilled nursing facilities (“SNFs”) has been delayed to August 1, 2025, to the relief of many in the industry. As a reminder, the Centers for Medicare & Medicaid Services (“CMS”) required the...more

Bricker Graydon LLP

CMS Final Rule on Minimum Staffing Standards for Long-Term Care Facilities Struck Down

Bricker Graydon LLP on

On April 7, 2025, the United States District Court for the Northern District of Texas vacated staffing requirements published in the Centers for Medicare & Medicaid Services (CMS) May 2024 Minimum Staffing Rule (the “Final...more

Whiteford

Client Alert: Court Strikes Down Nursing Home Staffing Mandate

Whiteford on

In a major victory for nursing homes and long-term care industry advocates, on Monday, April 7, 2025, Judge Matthew J. Kacsmaryk of the US District Court for Northern Texas struck down a Centers for Medicare & Medicaid...more

Faegre Drinker Biddle & Reath LLP

Federal Court Strikes Down CMS Nursing Home Staffing Mandate

Background - On April 7, 2025, the U.S. District Court for the Northern District of Texas vacated key provisions of CMS’s final rule establishing minimum staffing requirements for long-term care facilities. The rule would...more

Rivkin Radler LLP

Quality of Care Considerations in OIG’s Nursing Facility Compliance Guidance

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In November 2024, the U.S. Department of Health and Human Services’ Office of the Inspector General (“OIG”) published the long-awaited Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (“Nursing...more

Whiteford

Client Alert: CMS Again Delays Updates to its Guidance to Surveyors for Long Term Care Facilities Under Appendix PP of the State...

Whiteford on

On March 10, 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced a further delay in the implementation of proposed updates to its Guidance to Surveyors for Long-Term Care Facilities under Appendix PP of the...more

Stotler Hayes Group, LLC

CMS Cracks Down on Responsible Party Liability in LTC Admission Agreements

A nursing facility that participates in the Medicaid or Medicare programs may not require a third party to guarantee payment for a resident’s admission or continued stay. However, facilities are allowed to require a resident...more

BakerHostetler

Healthcare Industry Team 2024 Year in Review

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As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025. ...more

McCarter & English, LLP

Nursing Home Update

The federal government has made a variety of changes to federal requirements aimed at improving the quality of care at long-term care facilities across the country. In May 2024, the United States Department of Health and...more

Troutman Pepper Locke

Key Takeaways From the OIG's New Compliance Guidance for Nursing Facilities — Assisted Living and the Law Podcast

Troutman Pepper Locke on

Assisted Living and the Law, hosted by Troutman Pepper Locke 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

Baker Donelson

CMS Revises Immediate Jeopardy Guidance: Key Updates for Providers

Baker Donelson on

The federal Centers for Medicare and Medicaid Services (CMS) issued QSO-25-09-ALL on November 21, 2024, revising Core Appendix Q guidance to the State Operations Manual on Immediate Jeopardy. Immediate Jeopardy (IJ) is the...more

Arnall Golden Gregory LLP

Ohio’s New Residential Care Facility Rules: Important Updates on Changes in Ownership and Control From a Licensure Perspective

Effective July 12, 2024, the Ohio Department of Health (“ODH”) promulgated new rules and regulations for residential care facilities (“RCFs”), also known as assisted living facilities. These rules, set forth in the Ohio...more

McDermott Will & Emery

Ensuring Nondiscrimination in Patient Visitations

McDermott Will & Emery on

Reflecting on lessons learned and complaints received during the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released detailed frequently asked questions (FAQs)...more

Husch Blackwell LLP

Year in Review: Key Regulatory Updates in 2023

Husch Blackwell LLP on

The hospice industry saw many regulatory changes in 2023. In this episode of Hospice Insights: The Law and Beyond, Husch Blackwell's Meg Pekarske, Andrew Brenton, and Adam Royal discuss some of the main regulatory changes...more

Adler Pollock & Sheehan P.C.

Emergency Amendments to Licensure of Nursing Facilities Regulations (216-RICR-40-10-1)

On September 29, 2023, the Rhode Island Department of Health (“RIDOH”) announced emergency amendments to the Licensure of Nursing Facility Regulations that will greatly affect the operation and regulatory review of skilled...more

Sheppard Mullin Richter & Hampton LLP

Tracking the Waivers: Implications of the Wind Down of the COVID-19 Public Health Emergency

The White House recently announced that the COVID-19 national emergency and public health emergency (PHE) declarations will end on May 11, 2023. These declarations have been in place since the beginning of the COVID-19...more

Bradley Arant Boult Cummings LLP

Regulatory Considerations in Acquisitions of Troubled Long Term Care Facilities

Post-acute and long term care providers have endured a state of distress since March 2020, not only from the challenges created by the COVID-19 virus, but also from ever-increasing regulatory compliance burdens, changes in...more

Robinson+Cole Health Law Diagnosis

California Governor Signs Bill Further Increasing Oversight of Hospice Agencies

This fall, California Governor Gavin Newsom signed Assembly Bill No. 2673 (the Bill), which amends various sections of the California Health and Safety Code relating to hospice agencies. Among other things, the Bill prohibits...more

Arnall Golden Gregory LLP

Kentucky Rewrites Its Assisted Living Law

In keeping with several states that have recently overhauled their assisted living laws, the Commonwealth of Kentucky has enacted sweeping changes to its regulatory framework for assisted living. Kentucky Senate Bill 11 (“SB...more

Arnall Golden Gregory LLP

Georgia Licensing Now Requiring Affidavit of Financial Stability in Support of Initial and Change of Ownership Applications

In response to media reports regarding alleged deficient practices in some of Georgia’s long-term care facilities, House Bill 987 (“HB 987”) was signed into law on June 30, 2020, amending Title 31 of the O.C.G.A....more

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