Articles and Blogs

On December 19, 2012 the Department of Justice announced the owners and operators of two Miami health care agencies pleaded guilty for their participation in a $48 million home health Medicare fraud scheme.  According to plea documents, the owners conspired with patient recruiters for the purpose of billing the Medicare program for unnecessary home... READ MORE

The Federal Communications Commission (FCC) has just issued a release detailing the establishment of the Healthcare Connect Fund (the “Fund”) to reform and modernize its universal service program for health care.  Recognizing the importance of high-speed data connectedness for quality patient care and burgeoning  health care practices such as telemedicine, the FCC is expanding and reforming its existing Rural Health... READ MORE

The Centers for Medicare & Medicaid Services (CMS) will soon be distributing a free toolkit to nursing facilities, CMS Regional Offices, and State Survey Agencies. Hand in Hand is a high quality training series for nursing homes that emphasizes person-centered care for persons with dementia, as well as the prevention of abuse. Section 6121 of... READ MORE

While hospices are required to ensure that substantially all core hospice services, including nursing services, are performed by hospice employees, hospices have been permitted to utilize contracted staff members to supplement hospice employees during periods of peak patient loads or extraordinary circumstances. The Centers for Medicare & Medicaid Services (CMS) agrees the nation-wide shortage of hospice nurses has... READ MORE

As part of the Patient Protection and Affordable Care Act (PPACA), the Office of the Inspector General (OIG) was mandated to submit a report to Congress evaluating the Nationwide Program for National and State Background Checks on Direct Patient Access Employees of Long Term Care Facilities and Providers (commonly referred to as the “Background... READ MORE

The Office of the Inspector General (OIG) has published their annual Work Plan for 2013. The Work Plan continues to identify compliance risk areas that subject Medicare and Medicaid providers to audit and enforcement initiatives. The Work Plan specifically targets skilled nursing facilities (SNFs), hospices, and home health agencies (HHAs). For all types of... READ MORE

On September 27, 2012 CMS issued revised feeding tube interpretive guidelines to the State Operations Manual (“SOM”). While the actual federal regulation did not change, the SOM changes the interpretive guidelines, which can be found in Appendix PP of the SOM. READ MORE

On September 27, 2012, CMS issued an advance copy of the State Operations Manual (“SOM”) revisions to Appendix P of the SOM, which addresses Long-Term Care Facility survey protocol. The SOM guidance also makes changes to various survey forms resulting from the new quality measures reports. READ MORE

On September 14, 2012, CMS published a Survey and Certification letter addressing “Hand in Hand: A Training Series for Nursing Homes.” This training is in response to Section 6121 of the Affordable Care Act, which requires that CMS ensure that nurse aides receive regular training on caring for residents with dementia and prevention of... READ MORE

On May 30, 2012, the Centers for Medicare & Medicaid Services (“CMS”) announced the Partnership to Improve Dementia Care in Nursing Homes (Partnership) in order to transform the current focus of treatments and services provided to nursing home residents suffering from dementia and dementia-related illnesses. More specifically, this initiative promotes two goals: (1) resident-centered... READ MORE