Articles and Blogs

regulation

CMS Releases Further Information of QAPI Program Implementation

[07/03/12]

Posted on July 3, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) has released a S&C Letter detailing the Nursing Home Quality Improvement Questionnaire (NHQIQ) discussed earlier this week.   The Affordable Care Act (ACA) mandates CMS to establish standards and provided technical assistance to nursing homes on the development and best practices relating to Quality Assurance and Performance Improvement... READ MORE

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A Twenty Year Statute of Limitations?

[03/15/12]

Posted on March 15, 2012 in False Claims Act Defense

Written by: David B. Honig

Last month the Centers for Medicare & Medicaid Services (CMS) published proposed rules for reporting of overpayments. These proposed rules, if adopted and strictly interpreted, could effectively create a twenty-year statute of limitations under the False Claims Act. READ MORE

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CMS to Host Open Door Forum, Discuss Top SNF Regulatory Issues

[11/23/11]

Posted on November 23, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In the next Centers for Medicare & Medicaid Services (CMS) Open Door Forum conference call, CMS will discuss the top regulatory issues skilled nursing providers face.  The monthly CMS Open Door Forum provides an opportunity for providers to listen to CMS discuss current topics, as well as participate in a Q&A session.  The next Open Door Forum is scheduled... READ MORE

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CMS Revisits Smoking Safety in Long Term Care Facilities

[11/15/11]

Posted on November 15, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (“CMS”) just released a Survey & Certification Letter (S&C: 12-04-NH) to address a recent report of a nursing facility resident death due to a smoking accident.  A resident who was deemed appropriate to smoke unsupervised, but failing to wear a smoking apron, died as the result of... READ MORE

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Nursing Home’s Failure to Notify Leaves Beneficiary Not Liable for Custodial Care Services

[11/09/11]

Posted on November 9, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

A Medicare beneficiary is not liable for custodial care services rendered by a Mississippi nursing home because the facility failed to give adequate notice the services were not covered by Medicare, a federal appeals court panel ruled on October 25.  The case (Mississippi Care Center of Morton LLC, Sebelius, 5th Cir., No. 10-60595, Oct.... READ MORE

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CMS Releases Final ACO Regulations

[10/20/11]

Posted on October 20, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

CMS has just released the highly anticipated final regulations for accountable care organizations (ACOs) under Section 3022 of the Affordable Care Act (ACA).  The ACA requires accountable-care agreements to be offered under Medicare, starting in 2012.  READ MORE

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CMS Proposes Regulation Limiting the Ability of LTC Pharmacists to Consult Facilities

[10/10/11]

Posted on October 10, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

CMS has published a proposed regulation that would limit the ability of institutional pharmacies to offer pharmacist consultation services to facilities.  CMS believes that relationships between nursing homes and pharmacy suppliers could result in “recommendations that conflict with the best interests of nursing home residents.” The proposed regulation would require facilities to hire independent pharmacists to... READ MORE

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Nursing Facilities Reminded to Evaluate Disaster Preparedness

[07/26/11]

Posted on July 26, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

As record-breaking temperatures scorch the Midwest, long-term care providers are reminded to evaluate their emergency preparation plans. Proper planning can mitigate a situation from a potential disaster to a mere inconvenience. CMS provides a checklist, Emergency Preparedness for Every Emergency, for providers to use to evaluate their current emergency plans. Federal regulations at 42... READ MORE

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