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.
Prohibit binding arbitration entirely? CMS was tempted
By
James M. Berklan
Sep 04, 2015
The Centers for Medicare & Medicaid Services is toughening its stance on the use of binding arbitration agreements for nursing home residents and their families. But the agency isn’t being as tough...
Ask the legal expert … about “granny cams”
By
John Durso
Mar 06, 2015
I know there are state-specific laws, but what can we do generally to keep “granny cams” out of our facility? Seems like the movement to use them is growing.
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.
Judge blocks award of new RAC contracts
By
James M. Berklan
Oct 01, 2014
Medicare’s Recovery Audit Contractor program continues to struggle with controversy.
Supervisor let resident die, covered it up, state charges
By
James M. Berklan
Jul 01, 2014
A nursing home supervisor in New York allegedly failed to administer CPR or direct staff members to do so, criminally allowing a resident to die, the state attorney general’s office has charged.
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...
Likely closure can’t stop CMS termination
By
Julie Williamson
Mar 01, 2014
Despite meeting criteria for “irreparable injury,” a Rochester, NY-based skilled nursing facility that is appealing Medicare and Medicaid termination can’t qualify for a stay of termination,...
Feds join suit against hospitalist company
By
Tim Mullaney
Feb 01, 2014
The federal government has joined in a whistleblower lawsuit alleging that a large hospitalist company engaged in systematic “upcoding” of Medicare and Medicaid claims.
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.”