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 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: 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 … 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: 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...
Ask the legal expert: How can we make sure certain staff aren’t getting overzealous in a quest...
By
John Durso
Oct 18, 2019
We have been accused of admitting residents who do not really need skilled care. As a non-clinician in charge of making sure we are not defrauding the government, how can I/we make sure certain staff are...
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: Are we liable if a resident or visitor falls in common areas?
By
John Durso
Feb 02, 2020
Our maintenance crew mops bathrooms and some of our lobby common areas. They post “Caution: wet floor” signs. Are we still liable to a resident or visitor who falls in these areas? Similarly, we clear...