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...
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.”
Sue under proper law, rulings emphasize
By
Dave Surico
Jan 01, 2014
A federal appeals court recently cited state law in upholding the right of an individual to sue a long-term care provider.
Ruling affirms OBRA limits
By
Tim Mullaney
Dec 01, 2013
A federal court recently ruled in favor of a Pennsylvania long-term care facility, upholding an argument that individuals cannot bring lawsuits under the Federal Nursing Home Reform Act.
Meds not dispensed without valid scrips, PharMerica says
By
Ashley Carman
Oct 01, 2013
Long-term care pharmacy giant PharMerica dispensed controlled narcotics without valid prescriptions and charged Medicare, the federal government alleges in a False Claims Act lawsuit. The company “vigorously”...
Judge allows whistleblower FCA case against Omnicare
By
Ashley Carman
Aug 01, 2013
A whistleblower who alleges Omnicare Inc. paid kickbacks to nursing homes did not violate the False Claims Act, a judge has ruled.
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,...
Management companies spared in suit
By
Tim Mullaney
Jul 01, 2013
Nursing home management agreements may run afoul of federal law, but it’s hard to argue that having a third-party manager hurts resident care. This was the message from Judge Jon S. Tigar, who recently...
Ruling: No penalties mean no chance to appeal rating
By
Tim Mullaney
Jun 01, 2013
Nursing homes that dispute a deficiency citation without Immediate Jeopardy and want it stricken from the public record should consider withholding a plan of correction, a recent court ruling suggests.
$90M verdict is a deterrent, judge says
By
Tim Mullaney
Jun 01, 2013
A $90 million penalty will stand in a case involving resident neglect and understaffing at an HCR ManorCare facility, a judge in West Virginia ruled.