Articles and Blogs


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


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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Department of Justice Announces Important Updates to Yates Memo Requirements


Posted on December 7, 2018 in Health Law News

Published by: Hall Render

On November 29, 2018, Deputy Attorney General Rod Rosenstein announced some significant changes to the Department of Justice’s (“DOJ’s”) policies on investigating corporate wrongdoing. These changes pull back some of the guidance that was first announced in a public memorandum issued by former Deputy Attorney General Sally Quillian Yates (“Yates Memo”) in 2015, especially... READ MORE

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


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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Self-Disclosure, the Public Disclosure Bar and the FCA – Uncertainty, Circuit by Circuit


Posted on February 11, 2015 in False Claims Act Defense

Written by: David B. Honig

Written by David B. Honig and Ritu Kaur Cooper. On February 3, 2015, the Fourth Circuit Court of Appeals ruled that disclosures to the public officials responsible for managing the subject of a False Claims Act lawsuit did not qualify as “public disclosures” for the purpose of the FCA’s public disclosure bar. US ex rel. Wilson v.... READ MORE

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Caution – Pay No Mind to the Department of Labor’s Temporary Non-Enforcement Policy Relating to the Companion Services Exemption


Posted on October 31, 2014 in Long-Term Care, Home Health & Hospice

Written by: Taylor, Allison L.

In the October 9, 2014 Federal Register, the Department of Labor (“DOL”) indicated it will delay enforcement of the Companion Services Rule (“Rule”) until June 30, 2015 (the “Notice”). The DOL suggests this delayed enforcement is meant to assist the provider community with implementing changes in the Rule. In its commentary, the DOL suggests... READ MORE

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D.C. Circuit: Compliance Investigations Are Privileged


Posted on June 28, 2014 in False Claims Act Defense, Health Law News

Written by: Drew B. Howk

Yesterday, the D.C. Circuit issued a much-anticipated decision regarding whether or not internal compliance investigations were privileged. Two recent lower court decisions had ruled that such compliance investigations were not privileged because they were for business rather than legal purposes. The D.C. Circuit disagreed and found that such compliance investigations are for legal purposes... READ MORE

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CMS Comments on Compliance, QAPI Regulations


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

Written by: Bufford, David W.

During yesterday’s Open Door Forum, Jeanette Kranacs, the Director of the Division of Institutional Post-Acute Care for the Centers for Medicare and Medicaid Services (“CMS”) commented that CMS will not be issuing instructions to surveyors on evaluating compliance and ethics programs until the regulations have been promulgated.  CMS was required to have final regulations and various tools in place as of... READ MORE

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CMS Expected to Postpone Compliance Program Enforcement


Posted on March 1, 2013 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) has unofficially announced it will not be enforcing the upcoming March 23rd compliance program requirements until final regulations are published.  As required under the Affordable Care Act, nursing facilities are required to have a compliance program in place by March 23, 2013.  Despite ambiguity in the actual statute,... READ MORE

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Deadline Looming for Nursing Facility Compliance Program Requirement


Posted on February 6, 2013 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Patient Protection and Affordable Care Act (PPACA) requires all skilled nursing facilities (SNFs) and nursing facilities (NFs) to have an effective compliance and ethics program in place by March 23, 2013.  Unfortunately, the Centers for Medicare & Medicaid Services (CMS) has failed to publish final regulations covering these programs, as required under PPACA, by... READ MORE

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CMS Publishes Provider Compliance Map


Posted on August 2, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Need a quick reference to find specific contacts at Medicare organizations that service your state? The Centers for Medicare & Medicaid Services (CMS) recently published an interactive Provider Compliance Group Map. Should you have any questions, please contact: Todd Selby at 317.977.1440 or; Brian Jent at 317.977.1402 or; or David Bufford at 502.568.9368 or, or your regular... READ MORE

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