CA Supreme Court backs employers in ‘take-home’ COVID case
By
Kimberly Marselas
Jul 10, 2023
Nursing homes and other employers cannot be held legally or financially responsible for preventing the spread of COVID-19 from their employees to their household members, the California Supreme Court has...
Lawsuit threat for government-run facilities sails again
By
Brendan Williams
Jun 15, 2023
In 2015 the U.S. Supreme Court, in the case of Armstrong v. Exceptional Child Center, denied Medicaid providers the right to sue over the adequacy of Medicaid payment rates. It was a 5-4 decision...
Vendor sues to identify mystery owners of shuttered nursing home so it can sue for fraud
By
Joe Bush
Sep 19, 2022
A vendor serving an Iowa nursing home is accusing the owner of fraud in a case involving unpaid bills of more than $344,000.
COVID lawsuit bounced back to state court, leaving nursing home cases open to ‘inconsistent’ interpretation
By
Danielle Brown
Oct 22, 2021
A COVID-19-related wrongful death lawsuit against two New Jersey nursing homes must be decided in state court — and not in federal court as providers had sought, according to a ruling issued Wednesday...
Providers pushing back against effort that would make nursing homes liable for COVID-19 failures
By
Danielle Brown
Apr 06, 2021
Long-term care providers are trying to thwart an effort by Connecticut lawmakers that would allow lawsuits to be filed against nursing homes that failed to comply with state and federal COVID-19 guidance...
Whistleblowers driving COVID-19 lawsuits, but that’s not all bad news
By
Kimberly Marselas
Mar 23, 2021
Whistleblower complaints are the main type of lawsuit against healthcare providers so far this year, but anxious operators don’t necessarily have to worry.
Nursing home penalties may rise in wake of AARP lawsuit alleging ‘weak’ CMS enforcement, endangered...
By
Danielle Brown
Jan 20, 2021
Nursing home operators should be on high alert for potential rule changes regarding civil monetary penalties after a lawsuit was filed against federal health agencies Sunday that targets a 2017 rule that...
Legal expert warns providers at increased risk for COVID lawsuits
By
Danielle Brown
Sep 04, 2020
Providers could see a wave of coronavirus-related lawsuits in the near future as cases rise, which is why a legal expert is stressing the importance of documentation and training to prevent operators from...
Nursing home lawsuit penalties capped at 500 dollars
By
Danielle Brown
Aug 19, 2020
Compensation for residents who sue California nursing homes for rights violations are being capped at $500 per lawsuit following a ruling by the state’s Supreme Court.
More frivolous lawsuits ahead? You can bank on it
By
John O'Connor
May 09, 2016
Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.