News & Analysis as of

Nursing Homes

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

by Holland & Knight LLP on

A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more

Sweeping Legislative Change for Florida Health Care Facilities

by Holland & Knight LLP on

The Florida Legislature passed a bill that makes significant changes to numerous provisions related to the regulation of various health care facilities by the Agency for Health Care Administration (AHCA). The following is a...more

Scottish Pines Rehabilitation & Nursing Center Sued by EEOC For Pregnancy Discrimination

Laurinburg Nursing Home Refused to Accommodate and Fired Pregnant Nursing Assistants, Federal Agency Charges - CHARLOTTE, N.C. - Century Care of Laurinburg, Inc., doing business as Scottish Pines Rehabilitation & Nursing...more

Comprehending Nursing Home Abuse

by The Brown Firm on

No one wishes for abuse. Everyone desires safety, happiness, and contentment in life. But there are times when things go the opposite direction. It is with these destructive things which make someone suffer from maltreatment....more

What Happens When a Nursing Home Closes?

A nursing home closure can be traumatic for residents who are forced to move. While there may not be much that can be done to prevent a closure, residents do have some rights....more

Scrutiny of Assisted Living Facilities

On February 4th, the New York Times had an article which should give the ALF industry pause. It reported that at the request of four senators, the Government Accountability Office commissioned a two-year investigation of...more

Health Care E-Note - January 2018

by Burr & Forman on

In an article published by the Medical Association of the State of Alabama on January 4, 2018, Birmingham Counsel Adam Overstreet discusses the new Department of Justice initiative on investigating and prosecuting pain...more

Florida Federal Court: Escobar Requires Reversal of $348 Million False Claims Act Jury Verdict

The United States District Court for the Middle District of Florida vacated a large jury verdict in a False Claims Act case against the owners and operators of nursing homes because the evidence did not satisfy the...more

AHCA Sees the Light on Nursing Home Generator Rule, Unplugging Challenge

After Hurricane Irma made landfall in Florida, a nursing home in South Florida lost power, and several residents of that nursing home died allegedly as the result of increased temperatures caused by the loss of air...more

Pennsylvania Supreme Court Holds Two Year Statute of Limitations Accrues from Date of Death for Both Survival and Wrongful Death...

On November 22, 2017, the Supreme Court of Pennsylvania affirmed a decision in Dubose v. Quinlan, 2017 WL 5616235 (Pa., Nov. 22, 2017), holding that the two-year statute of limitations for medical professional negligence...more

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

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

End Of 2017 Marked By Scaling Back Of Obama Era Nursing Home Financial Penalties Under The Trump Administration

by Cozen O'Connor on

CMS outlined changes to the nursing home survey process in a October 2017 memo to state survey agency directors, which scaled down the use and severity of civil monetary penalties (CMPs) for certain nursing home deficiencies....more

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

by 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

Pennsylvania Supreme Court Breathes New Life into Survival Actions

by Barley Snyder on

The Pennsylvania Supreme Court gave new life to otherwise time-barred survival action claims in medical malpractice cases in a significant decision last month – even if one justice was blunt in his disagreement with the...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

Update on Florida's Emergency Generator Rules

by Baker Ober Health Law on

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

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

Who Has the Authority to Sign Arbitration Agreements on Behalf of a Resident at a Residential Care Facility for the Elderly?

Robin Hutcheson v. Eskaton FountainWood Lodge, et al., 2017 WL 5712590 holds that a resident at a residential care facility for the elderly which provides care beyond that of personal care cannot be bound by an arbitration...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

DOJ Bows Out of ManorCare FCA Case

by Bass, Berry & Sims PLC on

After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare, the nation’s second-largest operator of skilled nursing homes and assisted...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

Florida Argentum Reports That Appeals Court Strikes Down Emergency Stay in Generator Case

Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more

Appeals Court Strikes Down Emergency Stay in Generator Case

Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

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