Court: A missing arbitration agreement still enforceable
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Sep 05, 2016
An Indiana nursing home that “inexplicably” doesn’t have a copy of a former resident’s arbitration agreement can still compel arbitration, a state court ruled in July.
SNF settles fraud, neglect suit for $28M
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Aug 06, 2016
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’
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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.
‘Improvement standard’ still being used: Jimmo winners
By
James M. Berklan
Apr 04, 2016
A landmark legal settlement that, in part, compels the federal government to pay for more therapy and treatment of Medicare beneficiaries is not being adhered to, advocates complained in court recently.
Scorned nuns brew up a NIMBY lawsuit
By
James M. Berklan
Feb 04, 2016
Even nuns are not safe from being victims of the “not in my backyard” syndrome.
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.
Arbitration clauses get more scrutiny
By
James M. Berklan
Dec 04, 2015
The autumn of discontent over pre-event arbitration agreements continued to rage.
State top court rules against enforcing arbitration clauses
By
James M. Berklan
Nov 05, 2015
The Kentucky Supreme Court has added a significant decision to the body of rulings concerning nursing home pre-dispute arbitration agreements.
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.
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.