Articles and Blogs

long term care

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 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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Pre-Claim Review Demonstration for Home Health Services: Making Providers More Proactive

[06/22/16]

Posted on June 22, 2016 in Health Law News

Published by: Hall Render

On June 8, the Centers for Medicare & Medicaid Services (“CMS”) announced its plan to implement a three-year Medicare pre-claim review demonstration for home health services in the states of Illinois, Florida, Texas, Michigan and Massachusetts (the “Demonstration”). These states were selected based on high incidences of fraud and improper payments for home health... READ MORE

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Updates to Provider Enrollment Revalidation

[03/03/16]

Posted on March 3, 2016 in Health Law News

Published by: Hall Render

Overview Since the passage of the Affordable Care Act, all Medicare providers and suppliers have been required to revalidate their Medicare enrollment information under new screening criteria. The Centers for Medicare & Medicaid Services (“CMS”) has implemented this requirement in two cycles. The first cycle of revalidation requests has concluded, and CMS is preparing... READ MORE

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The DOL Strikes Back: Department of Labor Wins Companionship Services Case

[08/21/15]

Posted on August 21, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On August 21, 2015, the Court of Appeals for the D.C. Circuit (the “Court”) issued a ruling in Home Care Association of America v. David Weil, also known as the “companionship services lawsuit.” Unfortunately, it is more bad news for the home care industry. The Court ruled that the Department of Labor (“DOL”) has... READ MORE

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CMS Proposes Comprehensive Revision of LTC Requirements for Participation: Review of New Regulations for Facilities

[07/16/15]

Posted on July 16, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

Introduction CMS has proposed a comprehensive revision of the requirements for participation for long-term care facilities (the “Requirements”) for the first time since 1991.  The proposed regulations reflect the significant changes in technology, resident care and facility demographics since 1991.  CMS states the proposed regulations are designed to optimize resident safety, reflect current professional... 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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