News & Analysis as of

Nursing Homes Healthcare Skilled Nursing Facility

Dentons

Ep. 20 - Update Your Nursing Facility’s Assessment to Comply with New Requirements & Enhance Your Compliance Programming

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There has been much publicity surrounding the Centers for Medicare and Medicaid Services’ (“CMS”) new minimum staffing requirements for long-term care facilities scheduled to take effect starting in 2026 for non-rural...more

Polsinelli

New CMS Staffing Rules for Long Term Care Providers – What you need to know now

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On May 10, 2024, the Centers for Medicare and Medicaid Services (“CMS”) published a final rule implementing mandatory hours per resident day (“HPRD”) requirements for various levels of nursing staff for skilled nursing...more

Stotler Hayes Group, LLC

Understanding Medicare Coverage for Nursing Home Care: Confusion Can Be Costly

As a lawyer, I have exclusively represented long-term care healthcare providers for over ten years.  I have gained useful insight into how people plan—or, in many cases, fail to plan—for the possibility that they may need...more

Bradley Arant Boult Cummings LLP

CMS Publishes Final Rule for Minimum Staffing Standards in Skilled Nursing Facilities

As part of the Biden administration’s initiative to ensure safe and quality care in long-term care facilities, on May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule implementing minimum...more

Epstein Becker & Green

CMS Finalizes Rule Establishing Minimum Staffing Standards for Long-Term Care Facilities

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued Medicare and Medicaid Programs: Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting,...more

McDermott+

Finalized Nursing Staff Standards Will Impact Most Long-Term Care Facilities

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On April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) released a final rule that will require long-term care facilities (LTCFs) to satisfy minimum nurse staffing standards with the goal of addressing patient...more

McDermott+

McDermottPlus Check-Up: April 26, 2024

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A Quiet Healthcare Week on Capitol Hill. Congress was largely in recess this week, although the Senate returned briefly to complete consideration of a long-awaited foreign aid bill. Both chambers will return to session the...more

Sheppard Mullin Richter & Hampton LLP

CMS Finalizes Federal Minimum Staffing Standards for Nursing Homes

In a long-awaited and controversial Final Rule posted on April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) adopted new federal minimum staffing requirements that will require long-term care facilities to...more

Troutman Pepper

Lessons for Skilled Nursing and Assisted Living Facilities From the ‘Largest Health Care Fraud Case’

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Phillip Esformes, the alleged mastermind of one of “the largest single criminal health care fraud cases ever brought against individuals by the Department of Justice,”has finally reached a plea deal with the Department of...more

McDermott+

McDermottPlus Check-Up: November 17, 2023

McDermott+ on

Congress Passes Two-Tiered CR to Fund Government into Early 2024. In the absence of final passage of any of the 12 annual appropriations bills for FY 2024, Speaker Johnson (R-LA) unveiled a short-term CR, H.R. 6363, the...more

UB Greensfelder LLP

CMS Announces New Federal Disclosure Requirements for Nursing Homes

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On February 28, 2022, the Biden-Harris administration announced initiatives designed to improve care and accountability at skilled nursing facilities (SNF). Since that announcement, the Centers for Medicare and Medicaid...more

Troutman Pepper

Another Critical Item for Long-Term Care Facilities to Add to Their To-Do List — New Staffing Mandates

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On September 1, the Centers for Medicare & Medicaid Services (CMS) released the Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting proposed rule. This...more

McDermott+

“If You Require It, They Will Come”: CMS Proposes New Staffing Requirements for Long-term Care Facilities

McDermott+ on

If you recognize the first part of the title of the blog post, then we share the same taste in movies! The well-known phrase (which I modified slightly), “If you build it, he will come,” comes from my favorite movie, Field of...more

Sheppard Mullin Richter & Hampton LLP

Long Term Care Facilities Face Mandatory Minimum Staffing Requirements

On September 1, 2023, the Centers for Medicare and Medicaid Services (CMS) issued a long-awaited proposal to establish new federal minimum staffing standards for long-term care facilities. If the proposed rule is finalized,...more

Bradley Arant Boult Cummings LLP

Are You Covered? Limitations of Claims Made Policies for Senior Living Facilities

If a resident in an assisted living or skilled nursing facility sustains an injury, the owner and operator of the facility will generally look to their errors and omissions or professional liability insurance policy for...more

Sheppard Mullin Richter & Hampton LLP

NY Nursing Home Minimum Staffing Assessments Set to Begin

On June 30, 2023, the New York State Department of Health (DOH) issued a notice to nursing home operators and administrators announcing that it will begin conducting assessments on July 10, 2023 of nursing homes’ compliance...more

Robinson+Cole Health Law Diagnosis

Eighteen States’ Attorneys General Send Letter to CMS in Support of Proposed Rule Requiring Disclosure of Certain Nursing Home and...

On April 14, 2023, the Attorneys General of 18 different states sent a letter to Health and Human Services (HHS) Secretary Xavier Becerra, and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita...more

Ballard Spahr LLP

HHS OIG to Review CMS Citations

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Summary - The Department of Health and Human Services Office of Inspector General (HHS OIG) has announced its intention to comprehensively review nursing home citations issued by the Centers for Medicare and Medicaid...more

Bradley Arant Boult Cummings LLP

Distressed Long Term Care Assets: A Lender’s Perspective

Loan defaults and financial distress among long term care (LTC) facilities, such as skilled nursing facilities (SNFs), assisted living facilities (ALFs) and memory care facilities, are on the rise. The COVID-19 pandemic has...more

Shumaker, Loop & Kendrick, LLP

New Nursing Home Regulations are on the Horizon

On February 28, President Biden announced that the Department of Health and Human Services (HHS) will be issuing new regulations for nursing homes. HHS will be issuing regulations through the Centers for Medicare & Medicaid...more

Bradley Arant Boult Cummings LLP

Alexa, Are You Allowed to Be Here? Considerations for Drafting Virtual Assistant Policies for Long Term Care Facilities

Virtual assistants such as Amazon’s Alexa, Facebook’s Portal, Google’s Nest Hub, and countless others continue growing in popularity as families navigate safely remaining connected with their loved ones receiving long-term...more

Bradley Arant Boult Cummings LLP

Private Equity in the Crosshairs

Private equity investors in nursing homes should brace and prepare for an active near-term enforcement environment. Congressional skepticism of private equity involvement in healthcare, developments in False Claims Act cases...more

Burr & Forman

Burr Alert: New Requirements of Participation for Skilled Nursing Facilities

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On October 4, 2016, The Centers for Medicare and Medicaid Services (“CMS”) released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the...more

King & Spalding

Federal Judge Blocks CMS Rule Banning Arbitration In Nursing Home Disputes

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In September, CMS announced a final rule that bans pre-dispute binding arbitration agreements related to care received in long-term care facilities. Among other things, the rule preserves the right of patients and their...more

Cadwalader, Wickersham & Taft LLP

Federal Court Blocks CMS Ban on Pre-Dispute Nursing Home Arbitration Agreements Pending Legal Challenge: What the Ruling Means for...

Earlier this week, a federal court enjoined the federal Centers for Medicare and Medicaid Services (“CMS”) from enforcing a rule, promulgated on September 28, 2016, which barred pre-dispute arbitration agreements between...more

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