Inside the Litigation Impact of CMS’ New Risk-Based Survey Process on Nursing Homes 

The new risk-based nursing-home survey process, set to begin September 8, could raise litigation concerns because the streamlined approach uses fewer survey activities and a smaller resident sample, potentially allowing problems relevant to civil liability cases to go undetected. The Centers for Medicare and Medicaid Services’ (CMS) surveys are also only a snapshot of a facility at a particular […]

Inside Rising ‘Nuclear Verdicts’ in Nursing Homes and Lessons for Operational Change From Recent Litigation 

There is a growing prevalence of so-called nuclear verdicts – jury awards ranging from around $1 million to $3 million for nursing homes. However, legal experts say these decisions also offer clear lessons for operational changes that providers can make to reduce risk.  Juror anger is the leading factor driving outsized awards, according to Mollie Werwas, an attorney with Illinois-based Airdo […]

Nursing Home Operator Sweetwater to Pay State $15M for Staffing Failures 

California-based nursing home operator Sweetwater Care Resource and its affiliates must pay $15 million after failing to adequately staff its nursing homes. About $12.5 million includes penalties and $2.5 million will go toward improving staffing and employing a compliance monitor for three years, according to a settlement filed by the state attorney general’s office. The […]

Court Upholds $15M Restitution in Pennsylvania Nursing Home Staffing Fraud Case

A federal appeals court upheld the convictions of two Pennsylvania nursing home operators accused of falsifying staffing records to secure Medicare and Medicaid funding, leaving intact more than $15 million in restitution and probation imposed by a lower court. The U.S. Court of Appeals for the Third Circuit on Tuesday ruled that sufficient evidence supported […]

Connecticut-Based Nursing Home Operator Settles to Pay $2.75M Over Understaffing, Neglect and Resident Harm Allegations

Bear Mountain Healthcare, a Connecticut-based nursing home operator, has agreed to pay $2.75 million to settle allegations that it chronically understaffed 11 Massachusetts skilled nursing facilities, resulting in neglect, resident harm and false claims submitted to the state’s Medicaid program. The settlement, announced Wednesday by the Massachusetts Attorney General’s Office, follows an investigation covering the […]

$875M Payout Expected for Ohio Nursing Homes Following Medicaid Rate Error

The Ohio state legislature corrected millions in Medicaid underpayments this week, approving $875 million in quality incentive payments (QIPs) to be sent to nursing homes in the state. Legislation stipulates that nursing homes who accept the money waive future legal claims related to the disputed formula. The payout is coupled with a budget correction measure […]

American Nurses Association, 9 Other Groups Sue Dept. of Education Over Loan Limit Rule

The American Nurses Association and a group of other organizations have jointly filed suit against the Department of Education over its final rule excluding nursing from the “professional degree” designation. The American Nurses Association (ANA) and nine other nursing organizations filed the suit in response to a policy, starting July 1, excludes post-baccalaureate nursing degree […]

Class-Action Suit Over Alleged Understaffing at Alden Group Nursing Homes Moves Forward

Alden Group, an Illinois-based nursing home operator, will face a proposed class-action lawsuit over alleged understaffing at its facilities after a county court ruled the case can proceed. The lawsuit, led by the AARP Foundation and supported by legal and disability-rights advocates, alleges that Alden facilities were chronically understaffed and sometimes operating at about half […]

State Lawmakers Weigh Bill to Crack Down on Nursing Home Abuse With Tougher Penalties, More Transparency

Missouri lawmakers are considering legislation aimed at increasing accountability and transparency around resident abuse and neglect in nursing homes. The bill would increase penalties for such offenses and require facilities to carry at least $1 million in liability insurance. Republican State Senator Adam Schnelting, who sponsored the bill, said the measure would help families obtain […]

Lawsuit Targets Saber Healthcare, PECO After Nursing Home Blast

Saber Healthcare Group now faces a lawsuit following two explosions and fire at Bristol Health & Rehab Center in Pennsylvania; the suit alleges negligence from Saber along with natural gas supplier, the Philadelphia Electric Company (PECO). Defendants failed to properly respond to reports of a gas leak and didn’t evacuate the facility despite gas odors […]

Sale of Nursing Home Giant Genesis Stalls in Court, With Judge Seeking Mathematical Comparison of Bids

A court hearing regarding the sale of Genesis Healthcare properties continued today, with U.S. Bankruptcy Judge Stacey Jernigan indicating she would not rule on the case until she holds another hearing on the matter. The hearing will likely be scheduled for Dec. 17, Elizabeth Green, partner at Baker Hostetler, told Skilled Nursing News. Jernigan wants […]

Rechnitz Nursing Homes Face Mounting Lawsuits, Harsh Verdicts, and Regulatory Questions

Multi-million dollar judgments have hit the long-scrutinized California nursing home chain owned by Shlomo Rechnitz, stemming from multiple lawsuits alleging patient harm, severe neglect and rights violations. Rechnitz’ companies deny all allegations, despite the judgments and more trials forthcoming. Recent jury awards include $2.34 million to 84-year-old Betsy Jenta, whose rights were found to be […]

Trump Pardons Schwartz, Former Owner of Collapsed Skyline Nursing Home Chain

President Donald Trump on Friday pardoned former Skyline Healthcare Owner Joseph Schwartz, who pleaded guilty to a $38 million tax fraud scheme. As of press time, the Office of the Pardon Attorney and Office of Public Affairs did not provide any specific reasons for the clemency, in response to an inquiry by Skilled Nursing News.  […]

Ballad Health Sues UnitedHealth Over Medicare Advantage Practices, Cites Post-Acute Care Denials 

Ballad Health has filed a federal lawsuit against UnitedHealth Group (NYSE: UNH) and its insurance arm, UnitedHealthcare, over Medicare Advantage practices, including practices related to beneficiaries’ post-acute care access. Johnson City, Tennessee-based Ballad is a nonprofit health system that operates 19 hospitals in Tennessee and Virginia. The organization alleges that the United entities have “systematically […]

HHS Withdraws Nursing Home Staffing Mandate Legal Appeals

The U.S. Department of Health and Human Services (HHS) has withdrawn legal appeals in the Fifth Circuit and the Eighth Circuit defending federal minimum staffing requirements in nursing homes.  The U.S. Court of Appeals for the Fifth Circuit granted the HHS motion to dismiss on Friday, Sept. 19. HHS on Sept. 18 filed a motion […]

$1B For Nursing Homes At Stake As Ohio Seeks Reconsideration Of State Supreme Court Ruling

A dispute related to roughly $1 billion in nursing home payments in Ohio has taken another turn, with the Ohio Department of Medicaid (DOM) asking the Ohio Supreme Court to reconsider its recent ruling that handed a victory to nursing home providers. Nursing home groups including LeadingAge Ohio and the Ohio Health Care Association (OHCA) […]

DOJ Sues ProMedica, Alleging Substandard Nursing Home Care

By Kristin Carroll The United States Department of Justice (DOJ) has filed suit under the False Claims Act against ProMedica Health System, alleging substandard care at nursing homes previously operated by the organization. The lawsuit lists four skilled nursing facilities in Pennsylvania, South Carolina, Ohio and Virginia, which ProMedica owned and operated from 2018 to […]