News & Analysis as of

Nursing Homes Health and Safety

Nelson Mullins Riley & Scarborough LLP

When A High Rating Is Not Good

In the aftermath of the COVID-19 pandemic, we now know that well over 1,000 nursing homes “experienced an average overall mortality rate approaching 20%”, according to a recent report from the Office of Inspector General...more

Bradley Arant Boult Cummings LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more

Nelson Mullins Riley & Scarborough LLP

New Nursing Home Inspection Reporting Policy Seeks to Foster Transparency, But Will It Cause More Confusion?

On January 25, 2023, CMS implemented a new policy requiring the nursing home industry to post “disputed facility inspection results on a public government website before the alleged ‘deficiencies’ have been confirmed.”...more

Littler

Ontario, Canada Makes Changes to COVID-19 Requirements for Long Term Care Homes

Littler on

As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....more

Amundsen Davis LLC

CMS Rolls Back COVID-19 Related Waivers – What that Means for Nursing Aides

Amundsen Davis LLC on

Early in the COVID-19 pandemic, CMS enacted several temporary waivers in an effort to give health care providers flexibility to respond to the pandemic. On April 7, CMS announced that it would be phasing out some of these...more

McGuireWoods LLP

COVID Nursing Home Patient Safety Failures Not Actionable under FCA in New York

McGuireWoods LLP on

In Conte v. Kingston NH Operations LLC, 2022 U.S. Dist. LEXIS 21686, *1, 2022 WL 356753, a New York District court granted a defendant’s motion to dismiss an employee’s false claims allegations under the False Claims Act (the...more

Patrick Malone & Associates P.C. | DC Injury...

Nursing homes in desperate need of giant overhaul, experts say

The nation’s nursing homes and other long-term care facilities are in dire need of drastic overhaul to dramatically improve the quality and safety of their treatment of the aged, sick, and disabled. They too often now get...more

McDermott Will & Emery

Biden Administration Foreshadows Impending Nursing Home Quality Reforms

McDermott Will & Emery on

On February 28, 2022, the White House issued a fact sheet outlining several efforts aimed to increase safety, accountability, oversight and transparency in the senior services industry (Fact Sheet). Although the Fact Sheet’s...more

Arnall Golden Gregory LLP

Proposal Calls for Increased Transparency of Ownership for Privately Owned Nursing Homes

Continuing the theme of increased transparency of ownership of nursing homes included in the 2010 Affordable Care Act, the White House issued a Fact Sheet titled “Protecting Seniors and People with Disabilities by Improving...more

Fisher Phillips

Biden Proposes Nursing Home Reforms During State of The Union Address

Fisher Phillips on

If you blinked, you may have missed it, but President Biden announced a plan in Tuesday night’s State of the Union address to “set higher standards for nursing homes” to “make sure your loved ones get the care they deserve...more

Fisher Phillips

Most Healthcare Employers Will Soon Need to Implement Vaccine Mandate

Fisher Phillips on

The Biden Administration’s recent “Path Out of the Pandemic” expands the COVID-19 vaccine mandate covering nursing home workers and will soon reach 17 million healthcare workers at Medicare and Medicaid-certified facilities....more

Gray Reed

Private Employers Must Mandate Employee Vaccinations or Weekly Testing Under President Biden’s New Plan

Gray Reed on

On Thursday, September 9, 2021, President Biden announced key provisions of his new plan to require more Americans to be vaccinated in order to combat the spread of COVID-19....more

Benesch

OSHA to Develop Rule Requiring All Employers with 100+ Employees to Implement Vaccine Mandate

Benesch on

On September 9, 2021, President Biden announced his administration’s “action plan” for finding a “path out of the pandemic.” President Biden has directed OSHA to develop a rule that will require all employers with 100 or more...more

Fisher Phillips

What Colorado Employers Need to Know about Statewide and Denver COVID-19 Vaccine Mandates

Fisher Phillips on

Both the State of Colorado and the City of Denver have recently issued mandatory vaccine policies for certain segments of worker populations – and your organization may be soon required to enforce such a mandate. While the...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Manatt, Phelps & Phillips, LLP

New York State Issues Emergency Regulation Mandating COVID-19 Vaccination for Health Care Workers

New York State has issued an emergency regulation mandating COVID-19 vaccination of personnel in hospitals, nursing homes, diagnostic and treatment centers (D&TCs), adult care facilities (ACFs), licensed home care services...more

Baker Donelson

Nursing Home Staff Vaccine Requirements Are Coming – What Happens Next?

Baker Donelson on

On August 18, 2021, President Biden announced that he would use the regulatory authority of the Executive Branch to increase the COVID-19 vaccination rate among nursing home workers. President Biden directed the Department of...more

Fisher Phillips

Nursing Homes Must Mandate Staff Vaccinations or Risk Federal Funding

Fisher Phillips on

President Biden just announced a directive to the Department of Health and Human Services to require nursing homes mandate the COVID-19 vaccine of all employees or lose Medicare and Medicaid funding. Responding to the...more

Littler

White House Announces that Nursing Homes Risk Losing Medicare and Medicaid Funding Unless They Mandate Staff Vaccination

Littler on

On August 18, 2021, President Biden announced that nursing home staff must be vaccinated against COVID-19 or the facilities employing them could lose federal Medicare and Medicaid funding. ...more

Fisher Phillips

Maryland Mandates COVID-19 Vaccine or Regular Testing for All Nursing Home and Hospital Staff

Fisher Phillips on

Two weeks after adopting a vaccine mandate for state-run residential health and correctional facilities, Maryland Governor Larry Hogan just announced a statewide vaccine mandate for private nursing home and hospital...more

Littler

New York State Requires Healthcare Workers to be Vaccinated Against COVID-19

Littler on

On August 16, 2021, New York Governor Andrew Cuomo announced that all healthcare workers in New York State, including staff at hospitals and long-term care facilities such as nursing homes, adult care facilities and other...more

Proskauer - Law and the Workplace

New York State Announces COVID-19 Vaccination Mandate for Healthcare Workers

New York Governor Andrew Cuomo has announced that all healthcare workers in New York State must receive at least one dose of a COVID-19 vaccine by September 27, 2021. The mandate includes staff at hospitals and long-term care...more

Pullman & Comley - Connecticut Health Law

New Executive Order Imposes Vaccine Requirements on Connecticut Long-Term Care Facilities

In an attempt to stem the rising tide of COVID-19 cases involving the highly contagious Delta variant, Lieutenant Governor Susan Bysiewicz, issued Executive Order (EO) No. 13B over this past weekend requiring the vaccinations...more

Littler

Connecticut Mandates Vaccination for Employees and Individuals Providing Direct Access Services to Patients or Residents of...

Littler on

On August 6, 2021 Governor Lamont issued Executive Order No. 13B mandating vaccination of all employees working at long-term care (LTC) facilities throughout Connecticut....more

Fisher Phillips

The 7 Main Takeaways for Healthcare Employers Now That OSHA Has Finally Unveiled Its Long-Awaited COVID-19 Emergency Temporary...

Fisher Phillips on

Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more

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