Articles and Blogs

On March 5, 2025, the United States Court of Appeals for the Sixth Circuit (the “Sixth Circuit” or “Court”) in Bashaw v. Majestic Care of Whitehall, LLC affirmed the United States District Court for the Southern District of Ohio’s (the “District Court”) grant of summary judgment, finding the reasons for an employee’s termination were... READ MORE

On December 13, 2024, the Centers for Medicare & Medicaid Services (“CMS”) continued revisions to its “Guidance for SNF Attachment on Form CMS-855A” (“Guidance”). The Guidance is CMS’s subregulatory advice and FAQs to skilled nursing facilities on the completion and submission of the new Form CMS-855A SNF Disclosures Attachment (“SNF Attachment”) for every skilled... READ MORE

On November 5, 2024, the Centers for Medicare & Medicaid Services (“CMS”) extended the due date to complete and submit the new Form CMS-855A SNF Disclosures Attachment for every Skilled Nursing Facility (“SNF”). CMS announced that regardless of when the SNF received its notice of revalidation letter from its MAC (i.e., October, November or... READ MORE

On June 5, 2023, the Centers for Medicare & Medicaid Services (“CMS”) implemented a national skilled nursing facility (“SNF”) probe and educate program (“SNF P&E Program”). The SNF P&E Program is designed to reduce improper payments by identifying SNFs with high improper payment rates. Recently, CMS’s Comprehensive Error Rate Testing program projected an improper payment... READ MORE

CMS intends to increase its oversight and scrutiny of changes of ownership (“CHOWs”) and operator disclosures for skilled nursing facilities. On November 2, 2022, CMS announced revisions to the Calendar Year 2023 Payment Policies that impact Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements;... READ MORE

On March 1, 2022, President Biden outlined his plan to increase the quality of patient care, resident safety, regulations, fines and ownership transparency in skilled nursing care during his State of the Union address. The day before, on February 28, 2022, President Biden released a fact sheet titled “FACT SHEET: Protecting Seniors and People... READ MORE

On September 28, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Guidance related to the Emergency Preparedness Testing Exercise Requirements- Coronavirus Disease 2019 (COVID-19)” (“QSO Memo”) that confirms that certain testing and training exemptions are available based on activation of emergency plans and the... READ MORE

In an effort to ensure that skilled nursing homes (“SNFs”) can quickly and regularly test residents and staff for COVID-19, HHS announced the procurement of U.S. Food and Drug Administration authorized rapid point-of-care diagnostic test instruments and tests to be distributed to SNFs. HHS intends to initially distribute antigen testing instrument systems and tests... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as they reopen their communities to visitors. State health departments are issuing guidance on outdoor SNF visits and phased reopening of businesses. On June 24, 2020, CMS released visitor guidance in the form of several pages of FAQs “Frequently Asked Questions (FAQs) on Nursing Home Visitation”... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as their residents and staff encounter COVID-19. During the COVID-19 pandemic, Centers for Medicare & Medicaid Services (“CMS”) and state departments of health have focused on infection control surveys, programs, and prevention. This week, the Centers for Disease Control and Prevention, Center for Preparedness and Response... READ MORE