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… about the benefits of compliance programs
By
Norris Cunningham
Dec 07, 2023
Many in long-term care view compliance programs with skepticism. The Affordable Care Act requires that organizations have written compliance programs, including ethical standards, policies and procedures...
Ask the legal expert … about the Talevski case
By
Norris Cunningham
Sep 12, 2023
Why is everyone so concerned about the Supreme Court case allowing resident rights cases against state-operated facilities?
Ask the legal expert … about Washington’s LTC payroll tax
By
Norris Cunningham
Jul 07, 2023
What is Washington’s payroll tax for long-term care going to mean for the state’s Medicaid program and are other states expected to follow?
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 … 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: What can we expect from a staffing minimum?
By
Norris Cunningham
Sep 11, 2022
Q: What can we expect out of the Centers for Medicare & Medicaid Services’ intention to issue new guidance on minimum staffing measures for nursing homes?
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: Can we go after this contractor if the family wants to sue us or regulators want...
By
John Durso
Jul 01, 2021
A contractor did some shoddy work installing flooring that we didn’t catch right away and a patient wound up falling and injuring herself. Can we go after this contractor if the family wants to sue us...
Ask the legal expert: How stringent can we be about visitation times and what can we do to or about violators?
By
John Durso
Oct 01, 2020
We have had some family members disagree with our visitation policy. The tension has worsened due to the pandemic, and state and local authorities clamping down to protect long-term care residents. How...