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 […]
Category: Litigation
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 […]
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 […]
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 […]
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 […]
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 […]
Many nursing home operators said their property and personal liability insurance premiums increased between June and July – sometimes dramatically. In fact, professional liability premiums rose “significantly,” according to 30% of nursing company respondents to the latest National Investment Center for Seniors Housing & Care (NIC) Executive Insights survey. Lack of competition in the insurance […]
Nursing home providers could be cited by surveyors for noncompliance – and issued civil monetary penalties – as part of updated guidance tied to arbitration agreements published by the Centers for Medicare & Medicaid Services (CMS). This approach is subject to scrutiny and appears to contradict previous federal efforts to make arbitration readily available to […]
The owner of seven Louisiana nursing homes was arrested this week on felony charges in connection with the death of residents who were evacuated to a warehouse before Hurricane Ida last year. Bob Glynn Dean, Jr. has been charged in Tangipahoa Parish with eight felony counts of cruelty to persons with infirmities, five felony counts […]
As the nursing home workforce emergency worsens across the country, aging services organizations are pushing back on “illegal and unconstitutional” staffing laws. LeadingAge New York, for example, on Monday filed a lawsuit seeking to overturn two state mandates: one requiring a minimum staffing ratio and another which dictates where nursing homes may direct their funds. […]
Massachusetts will pay $56 million to the families of veterans who died or residents who got COVID-19 at a state-run nursing facility for veterans center, as part of a settlement agreement. The estates of veterans who died during the outbreak at the Soldiers’ Home in Holyoke in 2020 are expected to receive a minimum award […]
While federal protections like the Public Readiness and Emergency Preparedness (PREP) Act provide at least a partial legal shield to nursing homes, an influx of Covid-related lawsuits could be coming down the pipeline. Litigators are looking to test nursing homes’ legal protections as lawsuit filing deadlines for the first few months of the pandemic arrive, […]
A decision by the nation’s highest court to review a case challenging whether state-owned nursing homes are shielded from federal lawsuits filed by residents has the potential to deal yet another blow to the nursing home industry. The U.S. Supreme Court on Wednesday granted a petition for a writ of certiorari for the case, Health […]
A recruitment agency in the Philippines, Sentosa Nursing Recruitment Agency, and two nursing homes agreed to pay more than $3 million to 184 nurses after a class action lawsuit was filed due to unpaid wages and violations of the Trafficking Victims Protection Act. The two nursing homes, Golden Gate Rehabilitation & Health Care Center LLC […]
The skilled nursing industry is facing three major threats at this point in the pandemic: lawsuits tied to Covid cases, the continued staffing shortage and limited access to capital. That’s according to Cecily Dumas and Scott Prince of Cleveland, Ohio-based law firm BakerHostetler and Jerry Seelig, founder and CEO of consulting firm Seelig+Cussigh HCO in […]
Even skilled nursing industry insiders may not know a whole lot about the investor who recently bought Diversicare Healthcare Services properties – Ephram “Mordy” Lahasky. The private investor doesn’t maintain a corporate website and has “largely avoided reporters for years,” according to a MarketWatch article published Wednesday. MarketWatch spoke with Lahasky for its story; Skilled […]
Fall-related allegations continue to be the most common type of professional liability claim skilled nursing facilities face – making up 36.1% of all claims. That’s according to the 2022 Aging Services Claims Report released by CNA (NYSE: CNA) this week, now in its 11th edition. The analysis in the report is based on 2,265 aging […]
Brookdale Senior Living (NYSE: BKD) will pay $3.25 million to settle allegations that it submitted false nursing home staffing data to the federal government and improperly handled resident discharges, the California Attorney General’s Office announced late last week. The settlement agreement comes one year after then-California attorney general Xavier Becerra filed a lawsuit against Tenn.-based […]
As the Centers for Medicare & Medicaid Services (CMS) vaccine mandate deadline looms this week, nursing homes across the country have stepped up to get their staff vaccinated in time – while still lagging on booster numbers. Nearly 85% of nursing home staff per facility are vaccinated, according to CMS data, and 87.3% of residents […]
Iowa nursing home chain QHC Facilities filed for Chapter 11 bankruptcy at the end of 2021 and is seeking a buyer for its facilities, following some of the largest federal fines assessed on any skilled nursing group in the state. Clive, Iowa-based QHC cited “crippling staffing and employee retention issues” since the onset of the […]
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