Articles and Blogs

Litigation and Risk Management

CMS Extends HHA Moratoria in Select Metro Areas

[08/11/14]

Posted on August 11, 2014 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Since July 2013, CMS has instituted a moratorium on new home health agencies (“HHAs”) enrollments in Miami and Chicago areas.  Earlier this year in February, CMS added Fort Lauderdale, Detroit, Dallas and Houston to the moratorium.  This month, CMS has renewed the moratoria for all six locations for an additional six-month period, with the... READ MORE

Tags: , ,

Indiana Changing the Way Residents Will Obtain Medicaid Coverage Beginning June 1, 2014 – Part 4: Indiana Publishes Final Rule on Changes to Indiana’s Administrative Code

[05/19/14]

Posted on May 19, 2014 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

On June 1, 2014, Indiana will change the way Indiana residents obtain Medicaid coverage in the age, blind or disabled categories. Currently, when Indiana residents apply for Medicaid coverage, they are subject to state-specific restrictive criteria. After June 1, 2014, Indiana residents will automatically be enrolled in Medicaid if the Federal Social Security Administration... READ MORE

Tags: , , , , , , , , , , ,

Indiana Changing the Way Residents Will Obtain Medicaid Coverage Beginning June 1, 2014 – Part 3

[04/24/14]

Posted on April 24, 2014 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

On April 21, 2014, Indiana’s Family and Social Services Administration (“FSSA”) offered a webinar for nursing facilities to provide additional information on Indiana’s Medicaid changes and Qualified Income Trusts (also known as Miller Trusts). READ MORE

Tags: , , , , , , , , , , , , ,

Daughter Not Liable for Mother’s Skilled Nursing Facility Expenses Because She Had No Authority Over Finances or Access to Mother’s Finances

[02/04/14]

Posted on February 4, 2014 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

The Indiana Court of Appeals (“Court”) ruled that a daughter who signed a skilled nursing facility admissions agreement as her mother’s “responsible party” was not liable for her mother’s unpaid skilled nursing facility bill because the daughter did not have authority over her mother’s finances or access to her mother’s finances. READ MORE

Tags: , , , , , , , ,

CARES Act Introduced: Would Waive Three-Day Stay for Certain SNFs

[11/21/13]

Posted on November 21, 2013 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Creating Access to Rehabilitation for Every Senior Act of 2013 (“Bill”) was introduced this week by Representative James Renacci (R-OH) to the House.  This Bill proposes to waive the three-day qualifying stay requirement for admission to a skilled nursing facility (“SNF”) under Medicare.   READ MORE

Tags: , , , , , , , , , , , ,

CMS Revises Citation Guidelines for Facilities Working Towards Sprinkler Compliance

[11/19/13]

Posted on November 19, 2013 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (“CMS”) just released a revision to their August Survey and Certification letter concerning the August 13, 2013 deadline for the installation of automatic sprinkler systems in nursing facilities. Originally, facilities that did not meet the deadline were subject to deficiencies at scope and severity (“S&S”) levels of... READ MORE

Tags: , ,

CMS Revises Policy as to Surveys to Be Conducted Following Complaint Investigations Resulting in Condition-Level Noncompliance

[04/26/13]

Posted on April 26, 2013 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (“CMS”) recently released a Survey and Certification Letter updating the State Operations Manual (“SOM”) guidelines  on surveys of deemed status long-term care (“LTC”) providers when the provider has been found to have a condition level instance of noncompliance, including immediate jeopardy (“IJ”), in a complaint survey.  This change... READ MORE

Tags: , , , , , , , , ,

CMS Clarifies Delegation of Tasks by Physicians in Long-Term Care Facilities

[03/12/13]

Posted on March 12, 2013 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

The Centers for Medicare & Medicaid Services (“CMS”), in the March 8, 2013 Memorandum, issued new guidance specifying those tasks that can and cannot be delegated in skilled nursing facilities (“SNFs”) and nursing facilities (“NFs”).  Physicians who improperly assign tasks to non-physician practitioners (“NPPs”) jeopardize the SNFs’ and NFs’ compliance with federal and state... READ MORE

Tags: , , , , , , , , , , , , ,

Sixth Circuit Determines Nursing Facility Must Prove Lack of Negligence with Missing Documents

[01/11/13]

Posted on January 11, 2013 in Health Law News, Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In a suit brought against an Ohio nursing facility related to improper medication administration, the U.S. Court of Appeals for the Sixth Circuit allowed the use of res ipsa loquitur in finding a facility responsible for lapses in a resident’s medication regime.   READ MORE

Tags: , , , ,

FCC to Promote Expansion of High-Bandwidth Capacity to SNFs

[12/13/12]

Posted on December 13, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Federal Communications Commission (FCC) has just issued a release detailing the establishment of the Healthcare Connect Fund (the “Fund”) to reform and modernize its universal service program for health care.  Recognizing the importance of high-speed data connectedness for quality patient care and burgeoning  health care practices such as telemedicine, the FCC is expanding and reforming its existing Rural Health... READ MORE

Tags: , , , , , , , ,