Judge: Arbitration pacts that are signed must be honored
By
Amy Novotney
May 08, 2018
The U.S. District Court of Massachusetts has ruled that wrongful death plaintiffs must take their claims against nursing homes to arbitration, regardless of whether they or their deceased relatives were...
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.
Ask the legal expert … about developing effective boards
By
John Durso
Oct 01, 2014
How do we make sure members of our board of directors all are pulling their weight (and also acting legally)? It seems like a lot of cronyism can be allowed and some boards get away with virtually no input.
Providers push court on arbitration ruling
By
Oct 01, 2016
Kentucky nursing home providers are feeling the negative effects of the state’s strict rules on arbitration, a leading provider group told the U.S. Supreme Court in August.
Ask the legal expert … about email privacy
By
John Durso
Jul 01, 2013
Are emails between nursing staff and supervisors commenting on a resident’s status — such as cautions about keeping an eye on a resident who ultimately falls into a bad condition (pressure ulcer,...
Court: No delay for appeals backlog suit targeting HHS
By
Nov 05, 2016
The Department of Health and Human Services’ request to put off litigation over its overwhelming Medicare appeals backlog was denied in late September. Thousands of long-term care provider appeals...
Court: HCR ManorCare QAPI reports must be turned over
By
James M. Berklan
Jul 06, 2015
A ruling by the West Virginia Supreme Court as to which nursing home internal documents are fair game in lawsuits has providers around the country sitting up and taking notice.
Judge lets kickback case vs. therapy provider go forward
By
McKnight's Staff
May 01, 2013
A whistleblower lawsuit involving a nursing home chain and therapy providers in Missouri can move forward, a federal judge has ruled. The False Claims Act case originated with allegations that a therapy...
Ask The Legal Expert
By
John Durso
Jan 15, 2008
Question: Under what circumstances can I discharge a resident we no longer want to serve?
Ruling might give operators a new bankruptcy incentive
By
James M. Berklan
Feb 01, 2015
A Florida nursing facility targeted for termination of its Medicare and Medicaid provider agreements was allowed to stay open due to a “milestone” bankruptcy court ruling.