News & Analysis as of

Risk Management Long Term Care Facilities

Holland & Knight LLP

Considering the One Big Beautiful Bill Act's Impact on Skilled Nursing Facilities

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As legal counsel to skilled nursing facility (SNF) owners and operators, as well as their lenders, Holland & Knight's Post-Acute and Long-Term Care Team is closely monitoring potential impacts of President Donald Trump's One...more

Bradley Arant Boult Cummings LLP

Know Your Limits: Insights on Statutory Minimum Limits for Nursing Facilities

How much insurance does my organization need? This conundrum impacts policyholders from small businesses needing single policies to Fortune 500 companies placing complex, multimillion-dollar insurance towers. For owners and...more

Dentons

Ep. 61 – Three Compliance Lessons from a False Claims Act Verdict

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In a recent False Claims Act case, a long-term care pharmacy and consulting services provider was found liable for submitting false claims to the government, resulting in a jury verdict of over $135 million in damages. The...more

Rivkin Radler LLP

Quality of Care Considerations in OIG’s Nursing Facility Compliance Guidance

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In November 2024, the U.S. Department of Health and Human Services’ Office of the Inspector General (“OIG”) published the long-awaited Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (“Nursing...more

Stotler Hayes Group, LLC

CMS Cracks Down on Responsible Party Liability in LTC Admission Agreements

A nursing facility that participates in the Medicaid or Medicare programs may not require a third party to guarantee payment for a resident’s admission or continued stay. However, facilities are allowed to require a resident...more

Husch Blackwell LLP

Hospice Insights Podcast - Upping the Ante: Will CMS’s Enhanced Oversight Efforts Cause Hospices to Fold?

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CMS recently expanded its Provisional Period of Enhanced Oversight, or PPEO, in Arizona, California, Nevada, and Texas, and its enforcement activities nationwide appear more aggressive. In this episode, Husch Blackwell’s Meg...more

Bradley Arant Boult Cummings LLP

The Imperative of Cyber Preparedness: The Power of Tabletop Exercises

In an age where digital connectivity is rapidly advancing, cybersecurity has become an inescapable concern for organizations across industries. With cyber threats ranging from data breaches to ransomware attacks, it is...more

Health Care Compliance Association (HCCA)

Utilizing the MDS as a resident's rights and risk-reduction strategy in long-term care

CT magazine (October 2022) - The frailty syndrome is an emerging concept for providers who care for individuals with significant comorbidities, advanced age, or a decline in functional or cognitive status; the more...more

Baker Donelson

Baker's Dozen: Negotiated Risk Agreements in the Assisted Living Community Setting

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Falls and other incidents are often the source of liability for assisted living communities and are the basis for litigation and other enforcement action. Not all falls and other incidents are preventable despite a...more

Arnall Golden Gregory LLP

OSHA Emergency Temporary Standard Promises Implementation and Compliance Challenges for Long-Term Care Facilities

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

Arnall Golden Gregory LLP

Georgia DPH Provides Guidance to LTCFs on Admitting Residents from a Hospital

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

McAfee & Taft

A brief history of the future: Healthcare amid the pandemic

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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

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Senior Living Facilities

Senior Care in the Time of COVID-19 - COVID-19’s impact on senior living companies and facilities cannot be overstated. The virus’s propensity for community transmission was not fully appreciated when many senior care...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

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In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

Lathrop GPM

Minimizing Risk of Liability Under the False Claims Act in the COVID-19 World

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Long-term care providers face multiple challenges that have put them at the epicenter of the COVID-19 public health crisis. Not only is COVID-19 exacting an extraordinary and tragic human toll on nursing homes, it is creating...more

Williams Mullen

CMS’s COVID-19 Long-Term Care Facility Guidance is an Invaluable Tool for Resident Care and Risk Mitigation

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The COVID-19 pandemic has placed long-term care facilities at the forefront of an unprecedented battle to maintain heightened infection control standards while also managing limited resources. To help facilities manage these...more

Sheppard Mullin Richter & Hampton LLP

Strategies in Responding to COVID-19: Expanding Scope of Practice to Increase Patient Access to Healthcare

As the COVID-19 pandemic continues and our health system is pushed to and beyond capacity, lawmakers and stakeholders are assessing different ways to handle the incredible volume of patients suddenly needing care. One...more

Morgan Lewis - Health Law Scan

CMS Issues Guidance on COVID-19 for Hospice and Nursing Home Providers

The Centers for Medicare & Medicaid Services (CMS) issued a statement on March 9 related to actions the agency is taking to protect the health and safety of patients and providers. CMS urges providers to stay abreast of CDC...more

Bradley Arant Boult Cummings LLP

Changing Legal Issues for Providers Regarding COVID-19: Long Term Care Was First – Who Will Be Next? - Healthcare Alert

Virtually everyone has seen numerous news reports each day for the past week about multiple confirmed cases of COVID-19 in long term care facilities. Those reports started with a skilled nursing facility in Kirkland,...more

American Conference Institute (ACI)

[Event] Long Term Care and Senior Care Compliance, Risk Management, and Litigation Strategies - January 23rd-25th, Miami, FL

Join us as they share their insights on risk management, compliance, and litigation and help you develop the necessary strategies to avoid mistakes that cost facilities millions in jury verdicts annually. This year’s...more

Holland & Knight LLP

CMS Memorandum Requires Legionella Risk Reduction in Healthcare Facilities

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According to a recent review of Legionnaires' disease outbreaks, 34 percent were associated with long-term care facilities and hospitals. Patients at risk of contracting Legionnaires' disease include smokers, those with...more

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