The Louisiana Court of Appeals ruled in August that investigation records and survey citations are admissible in medical malpractice and wrongful death investigations. A Louisiana peer review law...
Court blocks effort to put an RN on every surveyor team
By
Kimberly Marselas
Nov 14, 2019
Thirty-one nursing homes that want a registered nurse to be on all survey teams had their case against the government dismissed recently, with a federal judge ruling they must exhaust administrative appeals...
Surveyors not ruled biased for seeking $42,600 in fines
By
Elizabeth Newman
May 01, 2012
A Jewish nursing home in Pennsylvania has been turned back in its attempt to have a penalty reviewed that it said resulted from a biased survey process.
Ask the legal expert: What should organizations that serve seniors do to protect themselves during the...
By
John Durso
Jun 01, 2020
What should organizations that serve seniors do to protect themselves during the pandemic?
Resident’s gruesome death warrants steep fines: court
By
Tim Mullaney
Nov 01, 2013
The Centers for Medicare & Medicaid Services was justified in fining a Kentucky skilled nursing facility $4,050 a day for three months following a resident’s death, a U.S. Appeals Court recently...
Don’t seize stimulus checks, CMS warns
By
Kimberly Marselas
Jul 02, 2020
In a sternly worded statement, the Centers for Medicare & Medicaid Services reminded providers that federal law prohibits nursing homes from seizing residents’ COVID-19-related economic impact payments.
Trump commutes Esformes’ sentence
By
Liza Berger
Feb 01, 2021
President Trump in late December commuted the sentence of Philip Esformes, the former skilled nursing facility owner who was sentenced to 20 years in prison for his role in a case that the federal government...
Esformes receives $44M penalty to go with jail time
By
Kimberly Marselas
Jan 05, 2020
After three years, the case of former long-term care mogul Philip Esformes has ended with a financial penalty that matches the personal level of enrichment gained in a massive fraud scheme.
SCOTUS sides with provider, won’t take arbitration case
By
May 06, 2017
In a win for providers, the United States Supreme Court declined in late March to review an arbitration dispute between an Extendicare facility and the family of a deceased resident.
Court tosses out citation for runny eggs, limits surveyors
By
Tim Mullaney
Jul 01, 2013
Slapped with an Immediate Jeopardy citation for serving undercooked eggs to residents, a nursing home took its defense to a federal appeals court — and won. The court staked out limits on how government...