Patient Records Requests: What You Need to Know
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
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
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
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
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
The federal Centers for Medicare and Medicaid Services (CMS) has published a new interim final rule and additional guidance and FAQs that, among other portions applicable to other health care providers, address the new...more
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
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
Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more
The Centers for Medicare & Medicaid Services issued its long-awaited final rule on long-term care facility reform, which represents the first comprehensive change to long-term care conditions of participation since 1991. The...more
On July 16, 2015, CMS published a proposed rule that would overhaul the Medicare and Medicaid participation requirements for long-term care facilities at 42 C.F.R. Part 483. As CMS points out, an overhaul is necessary...more
On July 16, 2015, CMS filed over 400 pages of regulatory comment and proposed revisions to the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. CMS stated that these...more