Federal agencies are honing in on ownership transparency and corporate-level compliance, most recently with the Office of Inspector General (OIG) citing concerns about certain practices that allow nursing homes to hide profits. OIG’s latest guidance focuses on the practice of “tunneling,” which refers to the misrepresentation or concealment of profitability in payments to related parties, […]
In the latest development related to litigation against the federal nursing home staffing mandate, the U.S. Department of Justice (DOJ) is urging a federal judge to deny the injunctive relief requested by 21 state attorneys general and several providers. The DOJ on Nov. 21 filed a memo with the U.S. District Court for the Northern […]
The number of states challenging the federal minimum staffing mandate has now grown to 21 states, after 20 states filed a joint lawsuit. As of Tuesday, Iowa’s attorney general was the latest to sue the Biden-Harris administration, challenging the nursing home federal minimum staffing mandate along with Kansas, Virginia, South Carolina, and other mostly Republican-led […]
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 […]
Nursing home operators remain in limbo as the Supreme Court is set to hear arguments Friday on the constitutionality of the Centers for Medicare & Medicaid Services (CMS) vaccine mandate. Health care litigators and other legal experts expect it will be much easier to repeal the previously ordered lower court injunctions, compared to those made […]
As increasing numbers of states recommend so-called “universal testing” for nursing homes and long-term care facilities in the wake of the impact of COVID-19, skilled nursing facilities need to ensure they follow the applicable guidelines — a significant challenge given how varied that guidance could be. And depending where a SNF is located, testing capacity […]
Problems with securing sufficient quantities of personal protective equipment (PPE) span the health care continuum, but in the skilled nursing setting, many providers are grappling with severe shortages — even as they try to contain a contagious disease that presents unique dangers to their patient population. Widespread shortages of masks and gowns, coupled with a […]
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