Articles and Blogs

Note: This article has been revised to include information on the Group 2 states and Texas as of January 25, 2022. Nursing homes face possible citations, civil monetary penalties, denial of payments and—as a final measure—termination of participation from the Medicare and Medicaid programs by the Centers for Medicare & Medicaid Services (“CMS”) as... READ MORE

In an effort to clear the fog created by its recent skilled nursing facility guidance for visitation, CMS released a list of best practices and key aspects of visitation that skilled nursing providers should follow as they encounter certain scenarios. On December 23, 2021, CMS released several questions and answers in “Nursing Home Visitation... READ MORE

With just 10 words, Centers for Medicare & Medicaid Services (“CMS”) announced sweeping changes to nursing home visitation rules – “Visitation is now allowed for all residents at all times.” On November 12, 2021, the Quality, Safety & Oversight Group at CMS issued a revised memorandum entitled “Nursing Home Visitation” (“CMS Visitation Memo”) that announced... READ MORE

Centers for Medicare & Medicaid Services (“CMS”) wants surveyors to add extra attention and increase oversight in nursing homes regarding the quality of care and quality of life for residents. On November 12, 2021, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “Changes to COVID-19 Survey Activities and Increased Oversight in... READ MORE

On April 8, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule that would update Medicare payment policies and rates for skilled nursing facilities under the Skilled Nursing Facility (“SNF”) prospective payment system (“PPS”) for fiscal year (“FY”) 2022 (the “Proposed Rule”). In addition, the Proposed Rule includes proposals for... READ MORE

Reimbursement under the new Patient Driven Payment Model, staff background checks, infection control programs, facility-initiated transfer or discharge of a resident and the use of psychotropic drugs are several new skilled nursing facility (“SNF”) areas of audit and focus of Department of Health and Human Services Office of Inspector General (“OIG”). OIG publishes updates... READ MORE

On May 11, 2021, the Centers for Medicare & Medicaid Services (“CMS”) released over 90 pages of interim final regulations (the “Interim Final Regulations”) to revise the infection control requirements that long-term care facilities (Medicaid nursing facilities and Medicare skilled nursing facilities) and intermediate care facilities for individuals with intellectual disabilities (“ICFs-IID”) must meet to... READ MORE

On April 8, 2021, the Quality, Safety & Oversight Group at Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Updates to Long-Term Care (LTC) Emergency Regulatory Waivers Issued in Response to COVID-19” (“Blanket Waiver Update Memo”) that announced the termination of several blanket waivers for skilled nursing facilities (“SNFs”) related to resident... READ MORE

April 16, 2021 is National Healthcare Decisions Day. The goal of the day is to encourage Americans to think and talk about their health care goals and communicate their health care decisions by executing advance health care directives. Recent studies have found that most Americans have not executed documents that name a health care... READ MORE

Recently, the Occupational Safety and Health Administration (“OSHA”) has announced several fines and citations for violations against health care providers. Violations have included failing to provide training on the proper use of a respirator and personal protective equipment, and the failure to report injury, illness or fatality. And this may be just the beginning.... READ MORE