News & Analysis as of

Nursing Homes Patient Rights

K&L Gates LLP

7 to 2 - The US Supreme Court Confirms That Federal Nursing Home Reform Act Creates Patient Enforceable Rights

K&L Gates LLP on

On 8 June 2023, in Health and Hospital Corporation of Marion County v. Talevski, the United States Supreme Court ruled that the rights set out in the Federal Nursing Home Reform Act (FNHRA) can be enforced under 42 U.S.C. §...more

Dinsmore & Shohl LLP

Doors Open for Public Nursing Home Litigation?

Dinsmore & Shohl LLP on

The United States Supreme Court has held an individual’s private right of action to sue a public nursing home for violations of federally protected rights in Health and Hospital Corporation of Marion County v. Talevski. The...more

Troutman Pepper

Nursing Homes, Beware! Supreme Court Greenlights Civil Lawsuits to Enforce FNHRA

Troutman Pepper on

The Supreme Court’s recent decision in Health and Hospital Corporation of Marion County, Indiana, et al. v. Talevski has raised the stakes for nursing homes by ruling that private litigants may bring civil claims against...more

Arnall Golden Gregory LLP

Impact of Health & Hospital Corporation of Marion County v. Talevski on Government-Owned Nursing Homes

Does legislation enacted pursuant to Congress’s Spending Clause power give rise to rights privately enforceable via 42 U.S.C. § 1983? If so, do provisions regarding medication and transfer in the Federal Nursing Home Reform...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Health & Hospital Corp. of Marion Cty. v. Talevski

On June 8, 2023, the U.S. Supreme Court decided Health & Hospital Corp. of Marion Cty. v. Talevski, No. 21-806, holding that certain rights contained in the Federal Nursing Home Reform Act (FNHRA) can be enforced through a...more

Baker Donelson

Fundamentals of CMS Updates to Appendix PP of the State Operations Manual: Residents' Rights

Baker Donelson on

F557: Respect, Dignity/Right to Have Personal Property Noncompliance at deficiency tag F557 will be cited if the surveyors find that a facility does not treat each resident's possessions with respect, regardless of the...more

Foley Hoag LLP - Medicaid and the Law

Enforcing Medicaid’s Requirements in the Federal Courts

The Supreme Court has announced that it will consider a case next term that has the potential to upend several decades of jurisprudence involving the Medicaid program. It involves a complicated area of the law, and in writing...more

Arnall Golden Gregory LLP

Supreme Court To Hear Case Regarding Section 1983 Enforcement of FNHRA Violations

The Supreme Court, on May 2, 2022, granted certiorari to consider whether certain provisions in the Federal Nursing Home Reform Act (“FNHRA”) create rights that are federally enforceable by nursing home residents under 42...more

McAfee & Taft

A brief history of the future: Healthcare amid the pandemic

McAfee & Taft on

We want to share our perspective about various legal and regulatory issues and business challenges affecting the healthcare industry from COVID-19, along with a few anticipated changes in the legal and regulatory climate. ...more

Spilman Thomas & Battle, PLLC

“Opening Up”: Don’t Forget About Resident Rights as you Reopen

The curve has flattened, and all fifty states are at least partially reopened. This raises a number of questions about how your facility should proceed with reopening while continuing to protect not only your residents'...more

Flaster Greenberg PC

It’s Important to Choose Where Hospice Is Provided

Flaster Greenberg PC on

It is understandable but unfortunate that family members frequently hesitate to broach the subject of end of life care. Instead of avoiding the subject, have a sensitive and frank discussion of hospice as a vehicle for...more

Lowndes

Florida Administrative Law Judge Invalidates Governor’s Executive Order Mandating Generators for Senior Housing Facilities

Lowndes on

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

Searcy Denney Scarola Barnhart & Shipley

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

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