Articles and Blogs

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

As skilled nursing facilities and home health agencies work to assess and admit new residents and patients, they often face the challenge of obtaining all of the information about the individual to make a proper admission assessment and to begin to build a care plan designed specifically for the individual. When a patient is... READ MORE

A new Indiana law imposes several written disclosure requirements that health facilities must provide to prospective residents. This new Indiana law (“Indiana Memory Care Law”) also includes requirements to follow when developing and executing a resident care plan.  The Indiana Memory Care Law requires an Indiana housing with services establishment that offers memory care... READ MORE

On June 1, 2023, Iowa Governor Kim Reynolds signed Iowa House File 685 into law. Iowa House File 685 contains several changes to Iowa’s change of ownership laws for nursing homes. Changes to Iowa’s Change of Ownership (CHOW) Laws Iowa House File 685 creates a new Iowa Code Section 135C.7A, which adds to the... READ MORE