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CMS Updates Guidance on Home Dialysis Services Provided in Nursing Homes

On March 22, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued revised Guidance and Survey Process for Reviewing Home Dialysis Services in a Nursing Home (Rev QSO-18-24-ESRD) to State Survey Agency...more

CMS Adds SNFs to “High” Screening Category, Greater Scrutiny of Change of Ownership and Provider Enrollment/Revalidation

The Centers for Medicare and Medicaid Services (“CMS”) has effectuated multiple changes that directly impact the acquisition, development, and revalidation of skilled nursing facilities that participate in the Medicare...more

OIG Provides Insight as to Risky Billing Practices for Medicare Telehealth Services

​​​​​​​As part of the Federal government’s response to the COVID-19 pandemic, the coverage of telehealth services by Medicare was greatly expanded by CMS through the COVID-19 telehealth waivers. Further expansion of...more

CMS Issues Updated Guidance for Nursing Homes

QSO-22-19-NH was issued on June 29, 2022, by the Centers for Medicare and Medicaid Services (CMS). This released Updated Guidance for Nursing Home Resident Health and Safety (Updated Guidance) as part of the Phase 2 and 3...more

Prognosis Is Mixed For COVID-19 Post-Acute Care Staffing

The COVID-19 pandemic has taken a toll on health care settings across the U.S., but skilled nursing care facilities, assisted living facilities and senior living environments have been dramatically impacted. Now, some 20...more

New Reporting Requirements and Other Waivers Impacting Long-Term Care Facilities

New Long Term Care facility Reporting Obligations. The U.S. Department of Health and Human Services (“HHS”) published an interim final rule (the “Interim Rule”) in response to the COVID-19 public health emergency that will...more

CMS Long-Term Care Facility Guidance

On April 2, 2020, the Centers for Medicare & Medicaid Services (CMS), in consultation with the Centers for Disease Control and Prevention (CDC), issued critical recommendations to State and local governments, as well as...more

COVID-19 Considerations for Nursing Homes

The Coronavirus Disease 2019 (“COVID-19”) outbreak has reached the international pandemic status. As of March 13, 2020, there are 132,758 confirmed cases of COVID-19 globally and 1,629 confirmed cases of COVID-19 nationally...more

Centers for Medicare and Medicaid Services (“CMS”) Issues Revised Arbitration Rules

On July 18, 2019, the Centers for Medicare and Medicaid Services (“CMS”) issued its revised rules governing the use of pre-dispute arbitration agreements in long-term care facilities. The revised rules, effective beginning...more

Medicare & Medicaid Programs; Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Efficiency and...

On July 16, 2019, The Centers for Medicare and Medicaid Services (CMS) announced a proposed rule, “Medicare & Medicaid Programs; Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Efficiency and...more

Legal and Regulatory Risks With Involuntary Discharges

News articles on patient dumping by skilled nursing facilities have ashy headlines across the country, and they have raised advocates’ concerns for patient safety. In recent years, state regulatory agencies have cited both...more

New CMS Guidance Regarding Health Care Texting and Involuntary Discharges

The Centers for Medicare and Medicaid Services (CMS) periodically provides guidance to the State Survey Agency Directors which outlines areas of emphasis or important concerns for the health care industry. Two (2) recent...more

CMS Releases the Civil Money Penalty Analytic Tool

The Centers for Medicare and Medicaid Services (“CMS”) recently released the civil money penalty (“CMP”) analytic tool used by CMS Regional Offices (“RO”) to review, approve or modify the proposed fines for nursing facilities...more

MyCare Ohio Transition Continues

Ohio’s transition to Medicaid managed care continues. The Ohio Department of Medicaid, the contracting agency with the 5 managed care companies now providing services to Ohio’s dual eligible population is [providing more...more

Skilled Nursing PEPPER Reports Are Now Available Electronically

The second annual Skilled Nursing Facility (“SNF”) Program for Evaluating Patterns and Electronic Reports (“PEPPERs”) are now available to be retrieved via the secure portal at PEPPERresources.org. These reports are...more

Important Regulatory Update Issued for Medicare Certified Home Health Agencies

The Centers for Medicare and Medicaid Services (“CMS”), the Medicare oversight agency, issued a new Chapter to the State Operations Manual (“SOM”) governing the imposition of alternative sanctions for home health agencies...more

CMS Issues Updated Guidance on Fine Imposition and the Collection Process for Nursing Homes

On April 25, 2014, the Centers for Medicare and Medicaid Services (“CMS”) issued revision 113 to the State Operations Manual (“SOM”) governing skilled nursing and nursing facility survey and enforcement processes....more

Hospitalizations High for Medicare Nursing Home Residents

The Office of the Inspector General (OIG) released a study on November 17, 2013 studying 2011 hospitalization statistics for Medicare nursing home residents. The report finds that one quarter of Medicare nursing home...more

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