Articles and Blogs

The Office of the Inspector General (OIG) just released a report on the failure of nursing facilities to develop and implement adequate emergency preparedness and response programs.  The “Gaps Continue to Exist in Nursing Home Emergency Preparedness and Response During Disasters: 2007-2010” report is the summation of an OIG study to assess emergency preparedness and... READ MORE

The United States Bankruptcy Court for the Eastern District of Kentucky held that the wife of a nursing home resident was contractually bound through a nursing home admissions agreement to apply for Medicaid benefits on behalf of her husband and who failed to do so, could not discharge the amount due to the nursing... READ MORE

On April 6, 2012, CMS issued a Survey and Certification Transmittal stating that when a Home Health Agency (“HHA”) deactivates its provider number (the provider number is now referred to as the CMS Certification Number or CCN), the HHA must be surveyed for compliance with the CMS Conditions of Participation (CoPs) for HHA’s if... READ MORE

In a surprise reversal, the Centers for Medicare & Medicaid Services (CMS) has dropped a controversial proposed regulation that would require nursing homes to hire independent pharmacists to oversee residents’ medication regimens. The proposed rule had been developed in response to the belief that relationships between long-term care providers and pharmacy suppliers could conflict... READ MORE

I wanted to highlight a post from one of our sister-blogs at Hall Render, the Litigation Analysis Blog, about a recent jail term for a nursing assistant who posted pictures of a resident to her Facebook account. In that case, a judge sentenced a nursing assistant to eight days in jail, and two years probation... READ MORE

As a means of improving care to residents residing in Medicare/Medicaid nursing facilities, CMS announced on March 15, 2012 an initiative to help reduce avoidable hospitalizations.  Organizations interested in participating in this initiative must submit an application to CMS by June 14, 2012. The goal of the initiative is to improve care for residents... READ MORE

As expected earlier this month, the Centers for Medicare & Medicaid Services (CMS) have just released guidance for health facilities wishing to utilize specific features now available in the 2012 Life Safety Code (LSC).  As previously discussed, the updated LSC provides new ways for nursing facilities to adopt a more home-like setting.  The recent... READ MORE

The Medicare Payment Advisory Commission (MedPAC) is an independent Congressional advisory agency that makes formal recommendations to Congress in March and June of each year.  MedPAC was created to advise Congress on issues affecting the administration of the Medicare Program.  While Congress is not obligated to follow MedPAC’s recommendations, the recommendations are heavily considered.  This... READ MORE

The 2012 Life Safety Code (LSC) contains numerous provisions that address culture change in nursing facilities.  These new provisions are somewhat of a liberalization of standards to permit a more home-like environment for residents, rather than an institutional setting.  I am expecting the Centers for Medicare & Medicaid Services (CMS) to release a Survey... READ MORE

An article in the New York Times discussed a growing trend away from the utilization of nursing facilities in favor of managed care and home care.  In light of reimbursement cuts from Medicare and Medicaid, the push to home health, managed care, and the Program of All-Inclusive Care for the Elderly (PACE) has received enthusiastic response from some... READ MORE