Articles and Blogs

The Centers for Medicare & Medicaid Services (“CMS”) is reinforcing regulatory expectations regarding nursing home residents’ rights to vote. On September 26, 2024, CMS issued a QSO Memo, “Compliance with Residents’ Rights requirement related to Nursing Home Residents’ Right to Vote.” CMS reminds nursing homes of the regulatory expectations that residents of nursing homes... READ MORE

Effective October 1, 2024, the Centers for Medicare & Medicaid Services (“CMS”) introduced significant updates to the CMS-855A form, specifically requiring a new Skilled Nursing Facility (“SNF”) Attachment for every SNF. These changes, following the implementation of regulations finalized in November 2023, impact how SNFs disclose detailed ownership and management information. The adjustments stem... READ MORE

On November 17, 2023, the Centers for Medicare & Medicaid Services (“CMS”) finalized its proposed rule (“Final Rule”), found here, implementing certain sections of the Affordable Care Act to require the disclosure of certain ownership, managerial and other information regarding Medicare-participating skilled nursing facilities (“SNFs”) and Medicaid-participating nursing facilities (“NFs”). As previously summarized by... READ MORE

Effective October 1, 2023, Connecticut enacted a law that contains several updates to Connecticut’s change of ownership laws for nursing homes and other health care providers. Changes to Connecticut’s Change of Ownership (“CHOW”) Laws – All Providers Connecticut Public Act 23-122 (“CHOW Law”) replaces Section 19a-493 of the Connecticut General Statutes. The CHOW Law creates new change... READ MORE

As nursing homes look for funds to allow them to improve care and train nursing home staff, Centers for Medicare & Medicaid Services (“CMS”) released QSO-23-23-NH (“CMS Memo”), which reopens and recasts the Civil Money Penalty Reinvestment Program (“CMPRP”). A Civil Monetary Penalty (“CMP”) is a fine that CMS may impose against nursing homes... READ MORE

The Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services found that most skilled nursing facilities (“nursing homes”) in Georgia that it surveyed are not correctly complying with life safety requirements or emergency preparedness requirements. OIG recently issued a report on its audits of life safety requirements or emergency... READ MORE

In 2023, nursing homes have seen increased citations by surveyors for noncompliance tied to their pre-dispute, binding agreements for binding arbitration with their residents. When used appropriately, these agreements can streamline conflict resolution processes, but operators must tread carefully to ensure compliance with the regulations. Regulations In 2019, the Centers for Medicare & Medicaid... READ MORE

Nursing homes are critical in providing residents with care, comfort and dignity. Among the many aspects of resident well-being, the right to sexual expression is a resident right that is required to be supported. However, this right must be balanced with the need to protect vulnerable residents from potential sexual abuse. Nursing homes need... READ MORE

On August 7, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule (“Final Rule”) that updated Medicare payment policies and rates for skilled nursing facilities (“SNFs”) under the Skilled Nursing Facility Prospective Payment System (“SNF PPS”) for fiscal year (“FY”) 2024. The Final Rule also finalizes changes and additions to... READ MORE

A new Arizona law imposes several written disclosure requirements that Arizona health facilities must provide to emergency responders when transferring an individual into their care. The new Arizona law (“Arizona Assisted Living Law”) also calls for several written disclosure requirements that Arizona hospitals must provide to an assisted living facility when transferring and discharging an individual... READ MORE