Articles and Blogs

Litigation and Risk Management

FCC to Promote Expansion of High-Bandwidth Capacity to SNFs

[12/13/12]

Posted on December 13, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Federal Communications Commission (FCC) has just issued a release detailing the establishment of the Healthcare Connect Fund (the “Fund”) to reform and modernize its universal service program for health care.  Recognizing the importance of high-speed data connectedness for quality patient care and burgeoning  health care practices such as telemedicine, the FCC is expanding and reforming its existing Rural Health... READ MORE

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CMS Distributes Free “Hand in Hand” Toolkit to Nursing Facilities

[11/29/12]

Posted on November 29, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) will soon be distributing a free toolkit to nursing facilities, CMS Regional Offices, and State Survey Agencies. Hand in Hand is a high quality training series for nursing homes that emphasizes person-centered care for persons with dementia, as well as the prevention of abuse. Section 6121 of... READ MORE

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CMS Extends “Extraordinary Circumstances” Hospice Exemption

[10/15/12]

Posted on October 15, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

While hospices are required to ensure that substantially all core hospice services, including nursing services, are performed by hospice employees, hospices have been permitted to utilize contracted staff members to supplement hospice employees during periods of peak patient loads or extraordinary circumstances. The Centers for Medicare & Medicaid Services (CMS) agrees the nation-wide shortage of hospice nurses has... READ MORE

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OIG Publishes Findings of Nurse Aide Criminal History Investigation

[10/09/12]

Posted on October 9, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

As part of the Patient Protection and Affordable Care Act (PPACA), the Office of the Inspector General (OIG) was mandated to submit a report to Congress evaluating the Nationwide Program for National and State Background Checks on Direct Patient Access Employees of Long Term Care Facilities and Providers (commonly referred to as the “Background... READ MORE

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Study Reports SNF Providers Face Grim Reimbursement Future

[08/02/12]

Posted on August 2, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Alliance for Quality Nursing Home Care (AQNHC) released the results of a study conducted concerning the future of skilled nursing facility (SNF) reimbursement.  While SNF providers have recently seen their reimbursement rates improve, the study report projects SNF providers are facing $65 billion in reimbursement cuts over the next ten years. The reimbursement... READ MORE

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Another Antipsychotic Measure Fails to Pass

[07/06/12]

Posted on July 6, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In an on-going push to regulate the use of antipsychotic medications in nursing facilities, another piece of legislation has failed to pass Congress.  The Senate did not pass a proposed regulation that would have standardized protocols for obtaining informed consent before administering antipsychotics for off-label use.   READ MORE

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Nursing Facility Antipsychotic Legislation Fails to Clear Senate

[05/29/12]

Posted on May 29, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Last Thursday, a proposed regulation aimed at curbing the high levels of “off-label” uses for antipsychotic medications failed to pass the Senate.  This proposed legislation relates back to a report last November by Daniel R. Levinson, the U.S. Inspector General, that exposed the high levels of antipsychotic medications administered to nursing facility residents.  That report stated a... READ MORE

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New Vermont laws on abuse, neglect and exploitation of vulnerable adults residing in long term care facilities

[05/16/12]

Posted on May 16, 2012 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

Vermont Governor Peter Shumlin recently signed Vermont House Bill 413 into law.  The new law adds a new section to Vermont’s laws on abuse, neglect and exploitation of vulnerable adults residing in long term care facilities.  The new section allows Vermont’s Attorney General the right to pursue a civil action against individuals, nursing homes... READ MORE

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CMS Releases Final Rule Requiring Providers to Include NPI on Enrollment and Claim Filings

[04/26/12]

Posted on April 26, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) just released a final rule requiring all providers of medical or other items or services and suppliers that qualify for a National Provider Identifier (NPI) to include their NPI on all applications to enroll in the Medicare and Medicaid programs and on all claims for payment submitted... READ MORE

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Home Health Agency Patient Surveys Now Available for Consumers

[04/24/12]

Posted on April 24, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Consumers can now compare results from home health agencies (HHA) patient surveys on the Quality Care Finder website.  These results are designed to create incentives for HHAs to improve quality of care, as well as to give patients additional information as to the type of care they will receive from a particular agency.  The Centers... READ MORE

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