Nursing Home Survey Teams Need Not Always Have an RN, Federal Court Rules

A nursing home’s Medicaid survey team doesn’t always have to include a registered nurse (RN), according to a federal district court decision concerning a New York-based facility. The U.S. District Court for the Southern District of New York last week entered into a summary judgment in favor of the U.S. Department of Health and Human […]

AG Cracks Down on Staffing Agencies Overcharging, Misleading Nursing Homes in Massachusetts

As the staffing shortage among nursing homes continues to derail sector recovery, states are taking additional steps to ease some workforce challenges, namely, staffing agencies overcharging for workers. In Massachusetts, Attorney General Joy Campbell issued an advisory to all temporary nursing agencies operating in the state, reminding them of what rates they may charge to […]

Inside 3 Disruptive Trends Reshaping Skilled Nursing Sector

The skilled nursing sector is in the midst of upheaval, and providers must create and execute on strategies that involve difficult choices and significant financial investments if they hope to thrive in the future. “We are in a period of disruption,” Dana Wollschlager, partner and industry practice leader of senior living development and advisory services […]

Nursing Home Providers Should Brace for Government Audits, Enforcement Actions Over Covid Relief Funding

Nursing home providers should expect more government scrutiny related to Covid-19 relief funding. This is one message from Matthew Murer, the health care, public policy and government investigations department chair for the national health care practice of law firm Polsinelli. “I think a lot of people are going to be surprised by audits of CARES […]

Staffing, Psychotropic Scrutiny Contribute to Tough Litigation Climate for Skilled Nursing

As the skilled nursing industry is beset by crippling staffing shortages, inflation costs, and increased government oversight in an already highly regulated field, operators must be proactive in shielding themselves from litigation risk. Risk is coming from a multitude of different places, according to experts at a Zimmet Healthcare Services Group webinar on Thursday, and […]

19 Mariner Health SNFs Hit with Injunction Over Staffing, Discharge Allegations 

California operator Mariner Health Care Inc. was issued a preliminary injunction on Friday for 19 of its buildings, for allegedly violating federal and state laws over a five-year period. Mariner was understaffing its facilities and subjecting patients to negligent care, according to allegations filed by Rob Bonta, state Attorney General and District Attorneys of Alameda, […]

SavaSeniorCare Expects to Cease Operations by Early 2023

After divesting of its sizable portfolio over the course of several years, SavaSeniorCare will cease to exist as a company once its last five nursing homes transition to other operators, which the company expects to occur by the end of January 2023. The end of Atlanta-based Sava marks another sea change in the skilled nursing […]

OIG Chief: Nursing Home Quality, Safety is ‘My Top Priority’

Improving nursing home oversight and quality will be “top priority” for the Department of Health and Human Services’ (HHS) Office of Inspector General (OIG), as the Biden administration pushes ahead with its reform initiatives. “My top priority is propelling meaningful improvement in the quality and safety of care in the more than 15,000 Medicare- and […]

Why a Nursing Home Case Heard by SCOTUS Could Have Sweeping Implications 

Larger implications surrounding a nursing home case to be heard by the U.S. Supreme Court on Nov. 8 has both operators and civil rights activists anxiously awaiting a decision. For SNF operators, the case could determine whether state-owned nursing homes are shielded from federal lawsuits. Far-reaching questions regarding Medicaid beneficiaries and their rights in federal […]

California SNF Rebuffs Closure After City Officials, CMS Reach Deal

After facing closure and revoked federal dollars, one of the largest nursing homes in the country this week had a change in fortune. Officials agreed to grant San Francisco-based Laguna Honda Hospital & Rehabilitation an extended reprieve to keep its doors open and funding flowing. Updates follow negotiations between the Centers for Medicare & Medicaid […]

3 Nursing Home Legal Issues to Watch in 2022 and Beyond

As a flurry of regulations and mandates descend upon the nursing home sector, such changes could create legal obstacles, and suggest yet another difficult and onerous year for providers. Staffing mandates, the aftermath of the end of the public health emergency (PHE), Covid liability and the PREP Act, all create “existential threats” for skilled nursing […]

SCOTUS Balks At Hearing Nursing Home Arbitration Rule Case

The nation’s highest court has declined to weigh in on a case involving a federal arbitration rule that nursing home industry groups argue places “burdensome” requirements on facilities. The U.S. Supreme Court denied the petition on Monday for a writ of certiorari in the case of Northport Health Services of Arkansas, LLC v. Department of […]

As Nursing Home SCOTUS Case Looms, Flood of Briefs Support Plaintiff

A case to determine if state-owned nursing homes are shielded from federal lawsuits – to be heard by the U.S. Supreme Court in November – received more than 20 amicus briefs last week. The flood of briefs filed in September are in support of Ivanka Talevski, wife of former nursing home resident Gorgi Talevski, suing […]

Nursing Home Operator Sued Over Covid Death Asks Supreme Court to Hear PREP Act Case

The U.S. Supreme Court will have to decide whether it will hear a nursing home Covid-19 wrongful death case involving the PREP Act — potentially interpreting the federal statute for the first time. California-based nursing home operator Glenhaven Healthcare asked the Supreme Court to consider taking up the case in late August after the 9th […]

Massachusetts Skilled Nursing Operator Settles With DOJ Over Opioid Admission Denial Allegations

The federal government this week announced a settlement with a Massachusetts operator over allegations that the company discriminated against residents with opioid use disorder (OUD). Next Step Healthcare, which operates 21 SNFs in the state, allegedly denied admission to 548 patients who were prescribed medications for OUD, according to a statement issued by U.S. Attorney’s […]