Articles and Blogs

long term care

CMS Ends Freeze on Nursing Home Five-Star Rating System

[03/13/19]

Posted on March 13, 2019 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On March 5, 2019, the Center for Clinical Standards and Quality/Survey & Certification Group released a memorandum titled “April 2019 Improvements to Nursing Home Compare and the Five-Star Rating System” (“Memorandum”). In the Memorandum, the Centers for Medicare & Medicaid Services (“CMS”) announced the end of the freeze on health inspection star ratings and added quality... READ MORE

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CMS Revises Guidance on Immediate Jeopardy and Creates New Surveyor Tools – Actions Needed to Prevent and Defend Skilled Nursing Immediate Jeopardy Citations

[03/07/19]

Posted on March 7, 2019 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On March 5, 2019, the Center for Clinical Standards and Quality/Survey & Certification Group released a memorandum titled “Revisions to Appendix Q, Guidance on Immediate Jeopardy” (“Memorandum”). The Memorandum’s revisions create a “Core Appendix Q” that will be used by surveyors of all provider and supplier types in determining when to cite immediate jeopardy.... READ MORE

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Expect Active Follow-Ups: OIG Finds State Survey Agencies Are Not Verifying Facilities’ Corrections of Deficiencies

[02/13/19]

Posted on February 13, 2019 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On February 7, 2019, the Office of the Inspector General (“OIG”) of the U.S. Department of Health and Human Services issued a report titled CMS Guidance to State Survey Agencies on Verifying Correction of Deficiencies Needs to Be Improved to Help Ensure the Health and Safety of Nursing Home Residents (“Report”). The Report found that... READ MORE

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Ohio Supreme Court Case: Nursing Facility Could Not Collect Deceased Husband’s Debt from Wife Under Ohio’s Necessaries Law

[01/29/19]

Posted on January 29, 2019 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

Under Ohio’s spousal necessaries law, an individual has a duty to support his or her spouse, which includes the obligation to pay for medical care received by the spouse. A recent Ohio Supreme Court case determined that a creditor must present its claim for unpaid necessaries to the decedent’s estate before the creditor can... READ MORE

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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 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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