Ask the legal expert … about contracted state surveyors
By
Norris Cunningham
Mar 04, 2024
I read that the Office of Inspector General is going to audit CMS oversight of states’ use of contractors to conduct nursing home surveys. Why is this needed?
Ask the legal expert: A break from surveys might feel good, but isn’t this extremely dangerous?
By
Norris Cunningham
May 01, 2022
Q: I understand state surveys of skilled nursing providers are incredibly backlogged. A break from surveys might feel good, but isn’t this extremely dangerous?
Ask the Legal Expert about… surveyor conduct
By
John Durso
Oct 05, 2015
Surveyors recently were unfair, and rude. They inappropriately threatened my managers with unfounded citations. The next time they come, I want to audiotape or videotape them. Can I legally do this?
Ask the legal expert … about surveyor citations
By
John Durso
Jun 05, 2015
One of the first opportunities for a facility to refute surveyor citations or deficiencies and have the survey agency remove them is the Informal Dispute Resolution (“IDR”) process or, when...
Ask the Legal Expert … about emergency preparedness
By
Norris Cunningham
May 03, 2023
I understand that state surveyors will begin focusing more on emergency preparedness. Why so much attention on this issue now?
Ask the legal expert: How important is it to meet self-reporting requirements under the Affordable Care...
By
John Durso
Mar 01, 2012
According to the Affordable Care Act, the Centers for Medicare & Medicaid Services may reduce a civil money penalty (CMP) by 50% in cases where nursing homes self-report and promptly correct certain instances...
Ask the legal expert … about antipsychotic scrutiny
By
Norris Cunningham
Apr 10, 2023
Q: The use of antipsychotic drugs in nursing homes is already a publicly reported quality measure. Are we headed toward even more scrutiny? A: Yes, more scrutiny is coming. In February, the Department...
Ask the Legal Expert about … mandatory pre-dispute arbitration clauses
By
John Durso
Apr 05, 2017
Is it legal to insert or attach pre-dispute mandatory and binding arbitration clauses in our resident contracts?
Ask the legal expert: Can we stop a local paper from writing about soon-to-be-proven false accusations?
By
John Durso
May 01, 2020
A local newspaper wrote an article about how a disgruntled family member of a recently deceased resident is suing us. Readers may infer poor care from the article. Can we stop the paper from writing these...
Ask the legal expert: What is legal protocol for resident falls?