On April 22, 2024, The Centers for Medicare & Medicaid Services (“CMS”) issued the “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency...more
The Centers for Medicare and Medicaid Services (“CMS”) recently released Administrative Information 24-05-NH to provide guidance to surveyors on areas of focus for Federal Monitoring Surveys (“FMS”). The document identifies...more
A report released by the United States Department of Health and Human Services, Office of Inspector General (“OIG”) on September 1, 2023, details key emergency preparedness challenges reported by nursing homes situated in...more
The Centers for Medicare and Medicaid Services (“CMS”) almost certainly changed the Labor Day weekend plans for many policy analysts and others when it released its long-awaited minimum staffing Proposed Rule for long-term...more
AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more
A roundtable of 13 experts convened by the Government Accountability Office (“GAO”) has made several recommendations for improving infection prevention and control (“IPC”) efforts in nursing homes. The recommendations are...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
5/18/2022
/ 6 F4th 713 ,
Appeals ,
Bright-Line Rule ,
Certiorari ,
Elder Care ,
Federal Nursing Home Reform Act (FNHRA) ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Medical Malpractice ,
Nursing Homes ,
Patient Rights ,
SCOTUS ,
Spending Clause ,
Statutory Violations ,
Talevski vs. Health and Hospital Corporation of Marion County
In keeping with several states that have recently overhauled their assisted living laws, the Commonwealth of Kentucky has enacted sweeping changes to its regulatory framework for assisted living. Kentucky Senate Bill 11 (“SB...more
In light of surging COVID-19 cases occasioned by the highly transmissible Omicron variant and questions from nursing homes regarding whether to limit visitation, the Centers for Medicare and Medicaid Services (CMS) earlier...more
The Occupational Safety and Health Administration (OSHA), on June 10, 2021, released a long-anticipated Emergency Temporary Standard (“ETS”) to protect workers that provide healthcare and healthcare support services from...more
Long-term care providers that have been clamoring for updated guidance from the Centers for Medicare and Medicaid Services (CMS) and Centers for Disease Control and Prevention (CDC) to address the effect of COVID-19...more
With much fanfare earlier this month, mass media outlets touted revised guidance from the Centers for Disease Control and Prevention (CDC) that individuals who have been fully vaccinated can “skip” quarantine if they become...more
As coronavirus infections continue to spike nationwide prompting an increase in hospitalizations, the Georgia Department of Public Health (DPH) recently issued interim guidance for long-term care facilities (LTCFs), including...more
In a January 4, 2021 revision to a June 1, 2020 Quality, Safety and Oversight memorandum, the Centers for Medicare and Medicaid Services (CMS) revised the criteria for focused infection control (FIC) surveys in nursing...more
As 2020, thankfully, comes to a close, the Department of Health and Human Services, Office of Inspector General (OIG) has released the first of several reports on the impact of COVID-19 on nursing homes and the effectiveness...more
As long-term care facilities (“LTCFs”), such as nursing homes and assisted living facilities, implement plans for the immunization of their residents and staff, and as the first shipments of vaccine are being delivered across...more
As expected, the Advisory Committee on Immunization Practices (ACIP) within the Centers for Disease Control and Prevention (CDC) voted 13-1 on December 1, 2020 to recommend that health care personnel and long-term care...more
In advance of the beginning of the holiday season, the Centers for Medicare and Medicaid Services (CMS) issued recommendations for keeping nursing home residents safe amidst the continuing Coronavirus pandemic while still...more
As if protocols in certain states for dealing with nursing home residents returning from holiday leave weren’t complicated enough in terms of corhorting, the impending influenza season and new considerations from the Centers...more
Long-Term Care Facilities (LTCFs) have not heard much from the Occupational Safety and Health Administration (OSHA) in terms of specific industry guidance since the middle of May when the agency released a one-page document...more
In a memorandum issued on September 28, 2020, the Centers for Medicare and Medicaid Services (CMS) provided clarification to health care providers regarding an exemption to emergency preparedness testing exercise requirements...more
The Georgia Department of Public Health re-issued guidance for long-term care facilities with respect to phased reopening and expansion of in-person visitation. This guidance was issued through an Administrative Order on...more
The independent, 25-member Coronavirus Commission on Safety and Quality in Nursing Homes (Commission) convened earlier this year by the Centers for Medicare and Medicaid Services (CMS) to study lessons learned from the early...more
The Centers for Medicare and Medicaid Services (“CMS”) earlier this month issued a series of frequently asked questions (“FAQs”) regarding the point-of-care (“POC”) program to provide certain Medicare and Medicaid certified...more
Recent enforcement activity by the Occupational Safety and Health Administration (“OSHA”) underscores the risks posed by the deployment of N95 and other respirators by long-term care providers, including nursing homes and...more