Articles and Blogs

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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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Deferred Covered Treatment SNF Stay Policy Updated

[03/30/15]

Posted on March 30, 2015 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Subject to various exceptions, a covered skilled nursing facility (“SNF”) stay must initiate within 30 days of a qualifying hospital stay.  In some cases where it is medically predictable that an individual will require a covered level of SNF care within a determinable time frame, that same individual may also have a need for a covered... READ MORE

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Five-Star Ratings to Undergo Revisions

[02/12/15]

Posted on February 12, 2015 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

On February 12, CMS hosted an Open Door Forum on the upcoming changes to the Nursing Home Compare Five-Star rating system.  These changes will be effective on February 20th.  Nursing facilities will be able to privately view their revised ratings by mid-morning on Friday, February 13, via their MDS portal login. The updated scoring system may... READ MORE

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CMS Reiterates Need for Discharge Assessment to Non-Certified Beds

[08/29/14]

Posted on August 29, 2014 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On August 25, 2014, CMS issued a survey transmittal regarding the need for nursing homes to complete a discharge assessment when a resident transfers from a SNF and/or NF certified bed to a non-certified bed in the same facility.  CMS issued this transmittal to reinforce to facilities that discharge assessments are critical to ensure the... READ MORE

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Extension of Due Date for Nursing Home Automatic Sprinkler Installation

[05/22/14]

Posted on May 22, 2014 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On May 16, 2014, CMS issued a Survey and Certification Transmittal (“Transmittal”) to the state survey agency directors providing infomation on how Medicare and Medicaid certifed long-term care facilities may obtain an extension of time for the installation of automatic sprinkler sytems.  The Transmittal sets forth the procedures on how a nursing home may seek an... 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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Filial Responsibility Law (Part 2) – Another Tool for Nursing Homes to Get Paid – Son Liable for Parents’ $104,276 Nursing Home Bill Under North Dakota Law

[11/02/13]

Posted on November 2, 2013 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

Recently, the North Dakota Supreme Court found a son liable for his parents’ $104,276 unpaid nursing home bill under North Dakota’s filial responsibility law.

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