Articles and Blogs

Long-Term Care, Home Health & Hospice

CMS Finalizes New Regulations for Facilities: Part 3

[10/13/16]

Posted on October 13, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Review of Changes to Sections on Laboratory, Radiology and Other Diagnostic Services; Dental Services; Food and Nutrition Services; Specialized Rehabilitative Services; Administration; and Quality Assurance and Performance Improvement This is the third article in a series discussing the complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements... READ MORE

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CMS Finalizes New Regulations for Facilities: Part 2

[10/10/16]

Posted on October 10, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Review of Changes to Sections on Quality of Life, Quality of Care, Physician Services, Nursing Services, Behavioral Health Services and Pharmacy Services This is the second article in a series discussing the complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities... READ MORE

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CMS Finalizes New Regulations for Facilities: Part 1

[10/07/16]

Posted on October 7, 2016 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

Review of Changes to Sections on Resident Rights, Freedom from Abuse, Admission, Transfers, Discharge, Resident Assessments and Comprehensive Resident-Centered Care This is the first article in a series discussing the complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities by the... READ MORE

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CMS Finalizes New Regulations for Facilities

[09/29/16]

Posted on September 29, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

On September 28, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities. CMS’s Final Regulations (the “Final Regulations”) cover many regulatory requirements for long-term care facilities (“Facilities”) and create new... READ MORE

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Mandatory Federal Remedies for Nursing Homes

[08/12/16]

Posted on August 12, 2016 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

On July 22, 2016, the Center for Clinical Standards and Quality/Survey & Certification Group released a memorandum that revised Chapter 7 of the State Operations Manual (“SOM”) and provided guidance on its policy to immediately impose federal remedies when a deficiency of a certain type is cited. The remedies are in addition to a... READ MORE

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CMS Issues Guidance on Protecting Resident Privacy and Prohibiting Abuse-Related Photographs and Recordings by Nursing Home Staff

[08/08/16]

Posted on August 8, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

On August 5, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a Survey and Certification Memo (“S&C Memo”) on protecting resident privacy and prohibiting abuse-related photographs and recordings by nursing home staff.¹  Recent news stories have reported nursing home staff taking unauthorized photographs or video recordings of nursing home residents, sometimes in... READ MORE

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Nursing Home Enforcement Remedies: Eight Years in Review

[06/09/16]

Posted on June 9, 2016 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On June 3, 2016, CMS released a memorandum that answered questions regarding the agency’s criteria for selection of enforcement remedies for long-term care facilities with deficiencies. The document reported data on enforcement actions taken by the agency when a nursing home is not in compliance with the Medicare and Medicaid requirements of 42 C.F.R.... READ MORE

Long-Term Care Facilities Face Compliance Deadline – Five Things to Know About the Mandatory Payroll Based Journal Reporting

[04/05/16]

Posted on April 5, 2016 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On Friday, March 18, 2016, CMS released a memo entitled “Payroll-Based Journal (PBJ) – Implementation of required electronic submission of Staffing Data for Long Term Care (LTC) Facilities.” The memo reminds LTC providers that the mandatory PBJ submission period begins July 1, 2016. The memo also contains information on how to register for PBJ reporting and... READ MORE

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Home Health Prospective Payment System Final Rule 2016: Ready or Not, Here Comes Value-Based Purchasing

[11/03/15]

Posted on November 3, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On Thursday, October 29, 2015, CMS issued the pre-publication copy of the final home health PPS rule for CY 2016 (“the Rule”).  The Rule adopts most of the proposals from July but makes a few key changes. Rates, Payments and Home Health Spending Although CMS makes several key changes to the final rule, CMS... READ MORE

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The DOL Strikes Back: Department of Labor Wins Companionship Services Case

[08/21/15]

Posted on August 21, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On August 21, 2015, the Court of Appeals for the D.C. Circuit (the “Court”) issued a ruling in Home Care Association of America v. David Weil, also known as the “companionship services lawsuit.” Unfortunately, it is more bad news for the home care industry. The Court ruled that the Department of Labor (“DOL”) has... READ MORE

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