A New York skilled nursing facility has agreed to pay $28 million and implement reforms to settle a lawsuit alleging fraud, neglect and criminal conduct by the facility’s owners and staff.
SNF will not have to bargain with union found ‘disruptive’
By
Jul 04, 2016
A skilled nursing facility can refuse bargaining with its union after employees made credible threats of violence during the 2013 union election, a court ruled in May.
Provider to pay $3 million in ambulance-swapping case
By
James M. Berklan
Jan 04, 2016
Federal authorities believe they have broken new ground by leveraging a $3.2 million settlement with a provider for its part in an alleged fraudulent ambulance service scheme.
Safety committee’s records not privileged: federal court
By
James M. Berklan
Oct 05, 2015
A North Carolina nursing home operator can’t claim privilege in protecting documents created by its safety committee from discovery, a federal trial court has ruled.
As the legal expert … about union organizing
By
John Durso
Feb 01, 2015
I have heard that an employee is starting to organize unionization efforts on her Facebook page. What can I do?
Pressure sore leads to false-advertising suit
By
James M. Berklan
Jun 01, 2014
A resident who developed a serious pressure ulcer allegedly due to negligence at a Pennsylvania continuing care retirement community is suing the operator, claiming it purposely misrepresented its care...
ACA objection by provider earns temporary injunction
By
Tim Mullaney
Feb 01, 2014
A Catholic long-term care provider and the federal government opposed each other in recent Supreme Court filings over the Affordable Care Act’s so-called “contraception mandate.”
Ruling affirms OBRA limits
By
Tim Mullaney
Dec 01, 2013
A federal court recently ruled in favor of a Pennsylvania long-term care facility, upholding an argument that individuals cannot bring lawsuits under the Federal Nursing Home Reform Act.
Management companies spared in suit
By
Tim Mullaney
Jul 01, 2013
Nursing home management agreements may run afoul of federal law, but it’s hard to argue that having a third-party manager hurts resident care. This was the message from Judge Jon S. Tigar, who recently...
$90M verdict is a deterrent, judge says
By
Tim Mullaney
Jun 01, 2013
A $90 million penalty will stand in a case involving resident neglect and understaffing at an HCR ManorCare facility, a judge in West Virginia ruled.