What the Kirkland verdict means for emergency preparedness
By
Norris Cunningham
May 29, 2023
There is little doubt that leaders at Life Care Centers of America breathed a huge sigh of relief, as did the entire skilled nursing industry, when a federal jury found that Life Care Center of Kirkland,...
Ask the Legal Expert … about emergency preparedness
By
Norris Cunningham
May 03, 2023
I understand that state surveyors will begin focusing more on emergency preparedness. Why so much attention on this issue now?
Ask the legal expert … about antipsychotic scrutiny
By
Norris Cunningham
Apr 10, 2023
Q: The use of antipsychotic drugs in nursing homes is already a publicly reported quality measure. Are we headed toward even more scrutiny? A: Yes, more scrutiny is coming. In February, the Department...
Ask the legal expert … about disputed citations
By
Norris Cunningham
Mar 06, 2023
Q: CMS has a new policy of publishing citations against nursing homes during appeals. Why would they include non-final citations?
Ask the legal expert … about a potential Medicaid audit
By
Norris Cunningham
Jan 25, 2023
I heard that the Office of Inspector General’s Work Plan for 2023 includes a CMS audit of Medicaid nursing facility use of funds related to direct patient care. Should I be concerned?
Stricter audits may be on the horizon from the OIG
By
Norris Cunningham
Kennedy Bunch
Devin Zimmerman
Jan 11, 2023
Long-term care facilities and providers should brace themselves for what may be an uptick in enforcement activity from Medicaid Fraud Control Units (MFCUs) in the coming year. In 2023, the U.S. Department...
Ask the legal expert about PHE waivers
By
Norris Cunningham
Dec 05, 2022
Doesn’t the lifting of nurse aide training waivers put facilities back to square one in their efforts to overcome serious staffing issues?
An analysis of PREP Act immunity for LTC facilities
By
Norris Cunningham
Angela Rinehart
Dec 04, 2022
A host of lawsuits over the past two years involve nursing homes where patients or their estates allege that patients contracted COVID-19 due to the facilities’ negligence or failure to properly act. ...
Ask the legal expert: How can we use arbitration agreements?
By
Norris Cunningham
Nov 11, 2022
Q: What kind of restrictions do we have regarding arbitration agreements as part of the admissions process?
Ask the Legal Expert
By
Norris Cunningham
Oct 07, 2022
Q: What is a skilled nursing facility to do when a resident doesn’t want to be cared for by a person of another race?