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nursing home

CMS Issues Requirement to Reduce Legionella Risk in Health Care Facility Water Systems – New Policies and Procedures Required

[07/17/17]

Posted on July 17, 2017 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

On June 2, 2017, the Survey and Certification Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum, “Requirement to Reduce Legionella Risk in Healthcare Facility Water Systems to Prevent Cases and Outbreaks of Legionnaires’ Disease (LD)” (“S&C Memo”), requiring that facilities develop and follow policies and procedures that inhibit microbial growth... READ MORE

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CMS Issues Guidance Suspending Enforcement of Penalties for Phase 2 Requirements and Revises F-Tags

[07/11/17]

Posted on July 11, 2017 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

This is another 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 (“Final Regulations”) by the Centers for Medicare & Medicaid Services (“CMS”). BACKGROUND On September 28, 2016, CMS released a complete overhaul of Part... READ MORE

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Obama Budget Contains Numerous Post-Acute Care Cuts

[03/05/14]

Posted on March 5, 2014 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

President Obama introduced his fiscal year (“FY”) 2015 budget yesterday, and there are many proposed cuts to post-acute care providers.  Some of the highlights include a number of bundled payment initiatives, a $100 co-pay for home health patients not discharged from a hospital and re-admission penalties for skilled nursing facilities (“SNFs”) with high hospital... READ MORE

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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.

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House Bill Proposes Bundled Payments and Readmission Penalties for Nursing Homes

[08/29/13]

Posted on August 29, 2013 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

The House of Representatives recently proposed legislation that would bundle payments for post-acute care services and create penalties for readmissions to Medicare-certified nursing homes. The proposed legislation would also reduce the annual market basket index for Skilled Nursing Services.

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Automatic Sprinkler System Requirement Now in Effect for Long-Term Care Facilities

[08/22/13]

Posted on August 22, 2013 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On August 13, 2013, all nursing facilities participating in the Medicare and Medicaid programs were required to be in compliance with the automatic sprinkler systems’ regulation that was published in a final rule on August 13, 2008. The regulation provided a five-year phase-in program to allow long-term care facilities (“Facilities”) to achieve compliance by... READ MORE

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Indiana Case: Nursing Home Could Not Collect Wife’s Debt from Husband’s Estate under Doctrine of Necessaries

[06/28/13]

Posted on June 28, 2013 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

In Indiana, a spouse can be obligated to pay for medical care received by the other spouse under the doctrine of necessaries. The modern version of the doctrine of necessaries imposes limited secondary liability upon the financially superior spouse when the other spouse is unable to pay for his or her necessary expenses using... READ MORE

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Centers for Medicare & Medicaid Services (“CMS”) Acts to Improve Dementia Care in Nursing Homes

[06/05/13]

Posted on June 5, 2013 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

In November 2011, the Office of Inspector General (“OIG”) initiated a study regarding the use of atypical antipsychotic drugs in nursing homes.  The findings from the study indicated these types of drugs were being overprescribed to high-risk nursing home residents suffering from dementia; were being prescribed for uses not approved by the FDA; and... READ MORE

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Sequestration Cuts Impact Nursing Homes and Post-Acute Care Providers

[04/10/13]

Posted on April 10, 2013 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

In a transmittal issued on April 5, 2013, CMS provided guidance on survey activities that will be affected by the sequestration cuts.  The transmittal provides guidance on several areas that will have an immediate and potentially negative effect on nursing homes and post-acute care providers.  These changes will affect the survey process as conducted by the state survey... READ MORE

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