Nursing home staff and administrators are cheering the Illinois governor’s signing of a bill that will penalize providers who understaff their facilities. State lawmakers passed legislation last month...
COVID-19 litigation against nursing homes is likely to remain an ongoing threat. That is why facilities need to continue to remain vigilant in adhering to the latest guidance and regulations, advised the...
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...
SNFs suing to block federal limits on arbitration language
By
Amy Novotney
Oct 18, 2019
Two Arkansas skilled nursing facilities asked a federal court in September to declare a rule that prohibits long-term care facilities from requiring residents to sign a binding arbitration agreement as...
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.
COVID-19 wrongful death suits mount
By
Liza Berger
Nov 01, 2020
Several long-term care providers are dealing with coronavirus-related lawsuits, a new report found.