Articles and Blogs

Long-Term Care, Home Health & Hospice

CMS Targets Inadequate Registered Nurse Staffing in Skilled Nursing Facilities – More Weekend Surveys and F-Tag Directive

[12/31/18]

Posted on December 31, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On November 30, 2018, CMS issued a Memorandum to State Survey Agency Directors (QSO-19-02-NH), announcing its concerns about adequate registered nurse staffing in skilled nursing facilities and that it will provide CMS Regional Offices and State Survey Agencies with a list of facilities with potential staffing issues to support survey activities for evaluating sufficient staffing and... READ MORE

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Nursing Home Fine Upheld for Inadequately Addressing Sexual Interactions Between Cognitively Impaired Residents – Policy Reviews Needed

[12/13/18]

Posted on December 13, 2018 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Last week, the United States Court of Appeals for the Seventh Circuit (“Court of Appeals”) released an opinion that confirmed a Centers for Medicare & Medicaid Services (“CMS”) assessment of an immediate jeopardy citation and an $83,800 civil money penalty against a nursing home for inadequately addressing sexual interactions between cognitively impaired nursing home... READ MORE

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Countdown to Phase 3 – Skilled Nursing Facilities Need to Create a Compliance and Ethics Program

[11/29/18]

Posted on November 29, 2018 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”). Beginning on November 28, 2019, surveyors will use the requirements detailed in... READ MORE

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Selling Your Nonprofit Nursing Home? New York’s Attorney General Details Concerns About Sales of Nonprofit Nursing Homes

[11/13/18]

Posted on November 13, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

Several states require that any sale of charitable assets must be reviewed by the attorney general to assess whether the sale is for fair consideration and in the best interests of charitable beneficiaries. The New York Attorney General’s Charities Bureau (“Charities Bureau”) is responsible for supervising charitable organizations to protect donors and beneficiaries of... READ MORE

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CMS Issues Final Interpretive Guidelines for the Conditions of Participation for Home Health Agencies

[09/06/18]

Posted on September 6, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On January 13, 2017, CMS published the revised Conditions of Participation (“CoPs”) for home health agencies, 42 CFR 484, Subparts A, B, and Subpart C. The CoPs became effective on January 13, 2018. On August 31, 2018, the Centers for Medicare & Medicaid Services (“CMS”) issued a Memorandum to State Survey Agency Directors (QSO-18-25-HHA) that... READ MORE

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CMS Adds Survey Process for Reviewing Home Dialysis Services in Long-Term Care Facilities

[08/28/18]

Posted on August 28, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On August 17, 2018, the Centers for Medicare & Medicaid Services (“CMS”) issued a Memorandum to State Survey Agency Directors (QSO-18-24-ESRD) outlining additional survey activities that address dialysis services provided by an end-stage renal disease (“ESRD”) facility to residents in a long-term care facility. The survey process for evaluating home dialysis in nursing homes consists... READ MORE

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CMS Issues Final Rule on FY 2019 Payment and Policy Changes for Skilled Nursing Facilities

[08/07/18]

Posted on August 7, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On July 31, 2018, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule (CMS-1696-F) outlining Fiscal Year (“FY”) 2019 Medicare payment updates and quality program changes for skilled nursing facilities (“SNF”)(“Final Rule”). The Final Rule finalized the value-based purchasing payments that start October 1, 2018, updated several SNF Quality Reporting Program... READ MORE

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CMS Updates Requirements to Reduce Legionella Risk in Health Care Facility Water Systems and Identifies Surveyor Expectations – Review of Policies and Procedures Required

[07/12/18]

Posted on July 12, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On July 6, 2018, the Survey and Certification Group at the Centers for Medicare & Medicaid Services (“CMS”) revised its memorandum, “Requirement to Reduce Legionella Risk in Healthcare Facility Water Systems to Prevent Cases and Outbreaks of Legionnaires’ Disease (LD)” (“S&C Memo”), that requires that facilities develop and follow policies and procedures that inhibit... READ MORE

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CMS Issues 18-Month Moratorium and Delays Enforcement of Some Phase 2 Requirements for Long-Term Care Facilities

[11/27/17]

Posted on November 27, 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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CMS Issues Draft of Interpretive Guidelines for the Conditions of Participation for Home Health Agencies

[11/01/17]

Posted on November 1, 2017 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

The Centers for Medicare & Medicaid Services (“CMS”) released a draft of the Interpretive Guidelines (“Draft Interpretive Guidelines”) to the final Conditions of Participation (“CoPs”) for home health agencies that CMS issued in January 2017. The CoPs are scheduled to be implemented January 13, 2018. CMS has asked for feedback on the Draft Interpretive Guidelines. The Draft... READ MORE

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