Articles and Blogs

Litigation and Risk Management

CMS to Host Open Door Forum, Discuss Top SNF Regulatory Issues

[11/23/11]

Posted on November 23, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In the next Centers for Medicare & Medicaid Services (CMS) Open Door Forum conference call, CMS will discuss the top regulatory issues skilled nursing providers face.  The monthly CMS Open Door Forum provides an opportunity for providers to listen to CMS discuss current topics, as well as participate in a Q&A session.  The next Open Door Forum is scheduled... READ MORE

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NFPA Releases 2012 LSC

[11/21/11]

Posted on November 21, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The National Fire Protection Association (NFPA) has recently released the 2012 Edition of the Life Safety Code (LSC).  Currently, the Centers for Medicare & Medicaid Services (CMS) enforces the 2000 Edition of the LSC.  The updated LSC includes many changes for health facilities, and addresses cultural changes for nursing homes.  For instance, to move... READ MORE

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CMS Revisits Smoking Safety in Long Term Care Facilities

[11/15/11]

Posted on November 15, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (“CMS”) just released a Survey & Certification Letter (S&C: 12-04-NH) to address a recent report of a nursing facility resident death due to a smoking accident.  A resident who was deemed appropriate to smoke unsupervised, but failing to wear a smoking apron, died as the result of... READ MORE

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Some Nursing Facilities Face OSHA Inspections Due to Excessive Employee Injuries

[11/11/11]

Posted on November 11, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Occupational Safety and Health Administration (“OSHA”) has included nursing facilities in their Site-Specific Targeting 2011 (“SST-11”) Plan for facilities with high rates of injuries and illnesses experienced by workers.  The SST-11 selects individual facilities for inspection identified through the 2010 Data Initiative survey.  OSHA will target facilities with specific Days Away, Restricted, or... READ MORE

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Nursing Home’s Failure to Notify Leaves Beneficiary Not Liable for Custodial Care Services

[11/09/11]

Posted on November 9, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

A Medicare beneficiary is not liable for custodial care services rendered by a Mississippi nursing home because the facility failed to give adequate notice the services were not covered by Medicare, a federal appeals court panel ruled on October 25.  The case (Mississippi Care Center of Morton LLC, Sebelius, 5th Cir., No. 10-60595, Oct.... READ MORE

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Medicare Provider Revalidation Requests

[11/09/11]

Posted on November 9, 2011 in Long-Term Care, Home Health & Hospice

Written by: Brian D. Jent

The Centers for Medicare & Medicaid Services has posted a list of providers who have been sent a request to revalidate their Medicare enrollment information. You can access and review the list, then select “Revalidation Phase 1 Listing.”  The list will be updated monthly and providers are encouraged to review the list.  If you... READ MORE

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CMS Extends Timeline for Provider Revalidation

[11/07/11]

Posted on November 7, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (“CMS”) has reevaluated the revalidation requirements in the Affordable Care Act (“ACA”), and believe the ACA allows for the extension of the revalidation period for an additional two years.  This will extend the deadline for revalidation through March of 2015.  Providers are reminded that if they have... READ MORE

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New Federally Required Independent IDR Process for Nursing Homes

[10/20/11]

Posted on October 20, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

Pursuant to Section 6111 of the Affordable Care Act enacted on March 23, 2010, and the final rule published on March 18, 2011 in the Federal Register, a nursing facility must be offered the opportunity to request an Independent Informal Dispute Resolution (IIDR) if the Centers for Medicare & Medicaid Services (CMS) imposes a... READ MORE

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Hospice Owner Indicted for $14.3 Million in False Claims

[10/14/11]

Posted on October 14, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On October 12, 2011, the U.S. Department of Justice unsealed an indictment charging Matthew Kolodesh a/k/a Matvei Kolodech, with conspiracy to defraud Medicare of more than $14 million.  According to the indictment, Kolodesh’s business, Home Care Hospice, Inc. (HCH), located in Philadelphia, PA, submitted Medicare claims for approximately $14.3 million dollars for patients who... READ MORE

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Legislation Introduced to Dismantle “Specialty Healthcare” NLRB Decision, Further Limit NLRB Actions

[10/13/11]

Posted on October 13, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Representative John Kline of Minnesota introduced the Workforce Democracy and Fairness Act last week in response to recent NLRB actions affecting employers.  One aspect of this Bill is the reversal of the NLRB’s Specialty Healthcare decision which altered the established standard for determining collective bargaining units in non-acute care health facilities.    READ MORE

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