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...
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?
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.
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...
Provider sues over delayed Medicaid pay
By
Marty Stempniak
Jun 06, 2019
Fed up with slow-to-arrive Medicaid payments and a “dysfunctional” managed care system, one Arkansas provider has struck back. Its attorneys filed suit in late April against the state, aiming to halt...
Avoid performing CPR on a dead resident, earn an F-tag
By
Marty Stempniak
Oct 22, 2018
A Minnesota nursing home has been cited for neglect after four nurses failed to perform CPR on a resident, even though the resident appeared to have been dead for several hours.
Ask the Legal Expert about … accountable care organizations
By
Elizabeth Newman
Oct 22, 2018
What legal advice would you have for joining an accountable care organization or similar alliance? It seems like skilled nursing facilities are getting the short end of the stick and we’re wondering...