Nursing Home Operators Targeted in Increasing Number of Litigation Tied to 1099 Misclassification

Litigation tied to the use of independent contractors in the nursing home space has increased ever since the Department of Labor (DOL) in January cracked down on the criteria used to classify workers in the sector. Operators are being targeted, rather than the agencies supplying such staff, and the changes are bound to affect recruitment. […]

‘The Biggest Risk’: Inside the Litigation Pitfalls for SNF Operators Employing 1099 Workers

As nursing home staffing agencies popped up amid the pandemic’s exacerbated staffing crisis, so too have litigation pitfalls for operators eager to fill shifts as the staffing crisis continues. One such pitfall that is expected to become a huge issue for operators is related to bringing 1099 workers, or independent contractors, for clinical positions into […]

Buy, Sell, Hold: Nursing Home Owners Weigh Options Amid Murky Future of Government Support

Financial government support accompanying ongoing public health emergencies (PHEs) is considered a major factor in transaction activity, since so many facilities currently depend on such funding. What remains unclear is where that government support ship is headed as the industry continues into 2022. For operators, uncertain government funding could mean a continued rush of transactions […]

Nursing Home Construction, Transactions Up Against Procedural Backlogs

The future of skilled nursing facility construction and transactions is tied up in state licensing procedures like certificate of need (CON) approvals, with some operators at a standstill due to application backlog during the early months of the pandemic. A backup of applications, which are required in several states to build any health care building […]

Financial Transparency Legislation May Impact Nursing Home M&A, Operations

Five states are making efforts to improve financial transparency among skilled nursing facilities, in some cases requiring financial records to be accessible to the public and in other cases dictating where revenue can go, to ensure funds are going to residents first. For some compliance experts, the timing is right to shine a light on […]

Increased Nursing Home Data Reporting Could Bring ‘Perfect Storm’ of Federal Lawsuits

Under regulations instituted as a result of the COVID-19 public health emergency, skilled nursing facilities are reporting a wealth of information to the federal government — on top of all the information they were required to submit pre-pandemic. And that information could end up being the guiding light for the U.S. Department of Justice (DOJ) […]

CMS Rule Allows – But Could Discourage – Arbitration Agreements in Skilled Nursing Facilities

The Centers for Medicare & Medicaid Services (CMS) has overturned an Obama-era ban on the use of pre-dispute, binding arbitration agreements by skilled nursing facilities. But providers might still think twice about using these agreements, due to certain consumer protection provisions in CMS’ final rule. In fact, the protections for SNF residents and their families […]