Articles and Blogs

Long-Term Care, Home Health & Hospice

Court Grants Preliminary Injunction in Favor of American Health Care Association’s Complaint Against CMS for Arbitration Provision Changes Contained in New Regulations

[11/07/16]

Posted on November 7, 2016 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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American Health Care Association Announces Complaint Against CMS for Arbitration Provision Changes in New Regulations

[10/18/16]

Posted on October 18, 2016 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 Finalizes New Regulations for Facilities: Part 4

[10/14/16]

Posted on October 14, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Review of Changes to Sections on Infection Control, Compliance and Ethics Program, Physical Environment and Training Requirements This is the fourth 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 Centers for Medicare... READ MORE

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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