Articles and Blogs

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

In 2022, the Biden administration announced an initiative to increase the transparency of corporate and private equity ownership and operation of nursing homes. Recently, the Centers for Medicare & Medicaid Services (“CMS”) announced that it would include ownership and operatorship affiliation information on its Nursing Home Care Compare website and that it would publish... READ MORE

Over the last 12 months, the Centers for Medicare & Medicaid Services (“CMS”) has received many reports of hospice fraud. In addition, CMS has seen the number of enrolled hospices increase significantly in Arizona, California, Nevada and Texas, raising concerns about market oversaturation.  On July 12, 2023, CMS released a Medicare Learning Network article (the “CMS Oversight Policy”)... READ MORE

On Friday, June 20, 2023, the Centers for Medicare & Medicaid Services (“CMS”) posted a pre-publication copy of the Calendar Year (“CY”) 2024 Home Health Prospective Payment System Rate Update (“PPS Rule”), which has since been published in the Federal Register and is currently open for comment. The PPS Rule usually only impacts the... READ MORE

On July 10, 2023, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule (“Proposed Rule”) that would create an informal dispute resolution process for some hospice citations, begin the hospice special focus program and create additional restrictions and steps for certain transfers of hospice ownership interests.  Proposed Informal Dispute Resolution Program In the... READ MORE