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...
WV negligence lawsuit gets another day in the courtroom
By
Elizabeth Newman
Aug 01, 2012
A verdict against a nursing home of slightly over $90 million is being reconsidered in West Virginia due to a verdict-form error.
Law would levy fines over staff shortages
By
Amy Novotney
Jul 17, 2019
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...