Articles and Blogs

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

On May 31, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule (“Final Rule”) that withdraws the COVID vaccine requirement for health care workers of Medicare-certified and Medicaid-certified long-term care facilities (“LTC Facilities”). The Final Rule follows through on the May 1, 2023 memorandum released by the Quality, Safety &... READ MORE

On April 4, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule (“Proposed Rule”) that would update Medicare payment policies and rates for skilled nursing facilities (“SNFs”) under the Skilled Nursing Facility Prospective Payment System (“SNF PPS”) for fiscal year 2024. The Proposed Rule also proposes changes and additions to the SNF... READ MORE

During the COVID pandemic, more and more long-term care providers turned to staffing agencies to fill shifts and staffing shortfalls. Indiana Governor Eric Holcomb recently signed Indiana House Enrolled Act No. 1461 (the “Staffing Agency Law”) into law. The Staffing Agency Law contains several changes to laws that impact Indiana long-term care providers and... READ MORE

As skilled nursing facilities work and provide health care services after the May 11, 2023, end of the Public Health Emergency, questions and concerns about visitation at these facilities will likely continue to arise. The Centers for Medicare & Medicaid Services (“CMS”) recently released revisions and additional clarifications to prior CMS guidance on many... READ MORE

On May 1, 2023, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “Guidance for the Expiration of the COVID-19 Public Health Emergency (PHE)” (the “CMS Memo”) which announced that certain regulations or other policies included in the Interim Final Rules during the public health emergency (“PHE”) will be modified with the... READ MORE

March 17, 2023, was the transition period deadline for full state compliance with the Home and Community-Based Services (“HCBS”) Final Regulation.  As part of the steps to get ready for this deadline, in late 2022, the Centers for Medicare & Medicaid Services (“CMS”) visited several settings in multiple states that were identified by the... READ MORE