Articles and Blogs

The Washington Post has reported the Community Living Assistance Services and Supports Act (the CLASS Act) has been indefinitely shelved by the Obama administration.  The CLASS Act was enacted under PPACA as a voluntary long-term care insurance program.  Since its enactment, the CLASS Act has been subject to scrutiny and criticism related to the sustainability... READ MORE

Yesterday, CMS sent a new transmittal to the state survey agencies on the use of feeding tubes in nursing homes. In short, F321 has been combined into F322 and according the CMS the changes were made to provide nursing home surveyors with guidance to determine compliance with use of feeding tubes by nursing homes. ... READ MORE

CMS released a Survey & Certification letter today providing guidance for nursing homes that desire to utilize on-site gardens to provide fresh produce for residents. After numerous inquiries from facilities, CMS confirmed that residents can benefit from home-grown foods as long as food-borne illness dangers are mitigated to the greatest extent possible.  READ MORE

In a 3-1 decision released yesterday, the National Labor Relations Board (NLRB) decided the Specialty Healthcare case favoring the ability of small units of employees to unionize.  Overruling the established Park Manor standard, the NLRB ruled that just the 53 CNAs at a nursing facility could organize as one collective bargaining unit.   READ MORE

A case currently pending before the National Labor Relations Board (NLRB), as mentioned here, is expected to be decided and released within the next few months.  This case, Specialty Healthcare and Rehabilitation of Mobile, has been pending before the Board since December of 2010, and, if decided as expected by those following the case,... READ MORE

As Mr. Lyman pointed out last week, the National Labor Relations Board (NLRB) now requires private employers to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  A recent New York Times article on this new requirement discusses an upcoming decision by the NLRB that is expected to address unionization... READ MORE

CMS recently published a Survey & Certification Memorandum (S&C:11-35-NH) detailing progress in the implementation of Section 6121 of the Affordable Care Act (ACA).  Section 6121 of the ACA mandates enhanced nurse aide training in nursing homes.  The enhanced training focuses on two areas: 1) how to care for residents with dementia, and 2) how... READ MORE

The National Labor Relations Board (NLRB) just issued a final rule that will require most private employers, including those that are long-term care providers, to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  The notices must be posted by November 14, 2011.  The text of the notice is available in... READ MORE

The US Office of Management and Budget has approved the revised Medicare Provider-Supplier Enrollment Applications, the CMS-855 forms.  These updates to the 2008 versions include multiple changes to comply with enhanced disclosure requirements. Such changes include:   READ MORE

The proposed agenda for today’s Home Health, Hospice & DME/Quality Open Door Forum is as follows: Hospice wage index final rule published; Hospice CR 7518 with FY 2012 updated rates and cap amount issued; Timeline for Hospice CAP changes; HHCAHPS Updates.  This is scheduled for Wednesday, August 17, 2011 from 2:00pm-3:00pm EST. Resistration for this... READ MORE