The Centers for Medicare & Medicaid Services (CMS) on Friday filed a 75,000-page administrative record for its defense of the nursing home staffing mandate. It’s the first movement from CMS since the American Health Care Association (AHCA) filed a lawsuit challenging the mandate in May. The 75,000 pages were shared via a file-sharing device between […]
Category: Litigation
Half a dozen nursing homes in New Jersey have filed a lawsuit against the state’s minimum staffing mandate, challenging its constitutionality. They are joined by the Health Care Association of New Jersey, according to a complaint, filed last week. The nursing homes argue that the 2020 law setting minimum staffing requirements is unachievable due to […]
The rising acuity at nursing homes alongside increasingly stringent government regulation, is raising operational risk – and litigation – leaving facilities “overwhelmed” in its wake. As residents increasingly age in place for longer, they are arriving at skilled nursing facilities with more serious health conditions. This trend, combined with regulatory pressures and heightened scrutiny from […]
A resolution to the lawsuit challenging the nursing home federal minimum staffing mandate could be reached as early as January, if the court finalizes a proposed schedule put forth by the American Health Care Association (AHCA), LeadingAge and other industry leaders. If this turns out to be the case, the lawsuit would be resolved more […]
The Centers for Medicare & Medicaid Services’ (CMS) issuance of civil monetary penalties is in the crosshairs of litigators, as increasingly gained enforcement power comes up against a Supreme Court decision. In the Securities and Exchange Commission (SEC) v. Jarkesy case, SCOTUS ruled that defendants have a constitutional right to make their case to a […]
While hopeful that the Supreme Court’s recent Chevron decision will undermine the federal staffing mandate and lead to a more rational regulatory environment, leaders in the nursing home sector also are warning that the ruling could create a period of uncertainty and tumult. Steve LaForte, director of corporate affairs and general counsel for Idaho-based Cascadia […]
A federal court awarded $35.8 million in back wages and damages to 6,000 current and former workers of Comprehensive Healthcare Management Services, as a result of one of the largest Fair Labor Standards Act (FLSA) judgments in the nation. Comprehensive, which operates 15 skilled nursing facilities in Pennsylvania, willfully denied workers overtime pay, a U.S. […]
Deal opportunities continue to be abundant for the Ensign Group (Nasdaq: ENSG), and leaders for the nursing home giant also are more confident that the federal nursing home staffing mandate is doomed. While announcing strong quarterly results and increased guidance, Ensign executives stated that the typical seasonal trends of depressed summertime occupancy and skilled mix […]
There doesn’t appear to be any jail time for a Louisiana skilled nursing operator, who sent more than 800 elderly residents to wait out Hurricane Ida in a crowded, ill-equipped warehouse, resulting in the deaths of seven evacuees, five being classified as storm-related deaths. Bob Dean Jr. was instead sentenced to three years of probation, […]
Following President Joe Biden’s decision to drop out of the 2024 presidential race, leaders in the nursing home space say there likely won’t be any change to the federal minimum staffing mandate or lawsuit given an ongoing strong connection with unions. Biden endorsed Vice President Kamala Harris to run in his place. On Monday, Harris […]
Four nursing homes in Pittsburgh barely avoided closure after an agreement was reached on Monday to sell the properties to New York-based WeCare Center, which operates 10 facilities between the two states. The sale was approved by a bankruptcy court judge after an agreement was reached between creditors and the federal government, according to a […]
A Supreme Court decision on Friday could significantly weaken federal agencies’ authority to regulate industries, including powers of the Centers for Medicare & Medicaid Services (CMS), with wide implications for the recently finalized federal minimum staffing rule for nursing homes. The Supreme Court’s decision to discard the long-standing so-called Chevron doctrine is a “game changer,” […]
In recent years, nursing homes have faced increased scrutiny and litigation, often driven by data that can be misunderstood or misrepresented. To secure themselves, nursing homes must leverage a data strategy, ensuring accurate documentation and clear communication of their data story to legal experts and stakeholders. This approach can mitigate risks, clarify misunderstandings, and showcase […]
Nursing home operator Next Step Healthcare reached a $4 million settlement with the Massachusetts Attorney General Andrea Joy Campbell, in what is the largest nursing home settlement ever reached in the state. As part of the settlement, Next Step will pay $4 million to resolve allegations, improve staffing levels and agree to independent compliance monitors. […]
LaVie Care Centers, which filed for Chapter 11 bankruptcy with nearly $1.2 billion in debt this week, is also at the center of a lawsuit that claims the company shifted ownership of some of its facilities in Florida to avoid payment on previous dispute settlements. The Atlanta-based company denies these claims, and its court filing […]
While it’s widely understood that the 5-Star ratings for nursing homes don’t always accurately reflect the true performance of a facility in real time, or even in a timely manner, less attention has been given to the financial and legal headaches the rating system has created for both providers and consumers alike. The complexities that […]
Lawyers and other leaders in the nursing home sector believe the American Health Care Association’s (AHCA) lawsuit is strong, framed well and likely to succeed, with a decision possible by early 2025. An injunction from the plaintiffs – all 5-Star facilities located in Texas along with AHCA – regarding staffing rule’s implementation should follow in […]
The American Health Care Association (AHCA) filed a lawsuit late Thursday against the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) for exceeding their statutory authority and “arbitrarily and capriciously issuing” a final minimum staffing rule. The lawsuit asks the court to issue an order and […]
LeadingAge joins a slew of other nursing home industry voices in urging a multi-faceted strategy following the finalization of the federal minimum staffing rule a month ago. The advocacy group is pursuing legislative, legal and regulatory avenues to stop the mandate and build the workforce. Katie Smith Sloan, president and CEO of LeadingAge, said, “We […]
In a recent move to increase transparency in the nursing home industry, one state attorney is taking on operating giant The Ensign Group (Nasdaq: ENSG), with plans to invalidate secret arbitration and block any similar agreements in the future. Kris Mayes, Arizona Attorney General, is seeking to intervene in a lawsuit involving Sun West Choice […]
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