Articles and Blogs

In July 2018, Governor Mike DeWine signed Ohio House Bill 166 into law. Ohio House Bill 166 contained several changes to Ohio’s Change of Operator laws for skilled nursing providers. Changes to Ohio’s Change of Operator (CHOP) Laws Ohio House Bill 166 revised Ohio Revised Code Section 3721.026. Under the new law, if the... READ MORE

A new Indiana law imposes several written disclosure requirements that health facilities must provide to prospective residents. The new Indiana law also includes requirements to follow when developing and executing a resident care plan. New Written Disclosures to Prospective Residents The new Indiana law requires that health facilities provide written disclosures on the following... READ MORE

Most skilled nursing facilities and state survey agencies are not correctly reporting and investigating abuse and neglect incidents that occur against skilled nursing residents, according to the June 7, 2019, Office of the Inspector General (“OIG”) of the U.S. Department of Health and Human Services report titled Incidents of Potential Abuse and Neglect at Skilled Nursing... READ MORE

On June 3, 2019, the Centers for Medicare & Medicaid Services (“CMS”) published revisions and updates to Part 460 to Title 42 of the Code of Federal Regulations. The requirements for the Programs of All-Inclusive Care for the Elderly (“PACE”) under the Medicare and Medicaid programs (“Final Regulations”) cover many regulatory requirements for PACE... READ MORE

On March 5, 2019, the Center for Clinical Standards and Quality/Survey & Certification Group released a memorandum titled “April 2019 Improvements to Nursing Home Compare and the Five-Star Rating System” (“Memorandum”). In the Memorandum, the Centers for Medicare & Medicaid Services (“CMS”) announced the end of the freeze on health inspection star ratings and added quality... READ MORE

On March 5, 2019, the Center for Clinical Standards and Quality/Survey & Certification Group released a memorandum titled “Revisions to Appendix Q, Guidance on Immediate Jeopardy” (“Memorandum”). The Memorandum’s revisions create a “Core Appendix Q” that will be used by surveyors of all provider and supplier types in determining when to cite immediate jeopardy.... READ MORE

On February 7, 2019, the Office of the Inspector General (“OIG”) of the U.S. Department of Health and Human Services issued a report titled CMS Guidance to State Survey Agencies on Verifying Correction of Deficiencies Needs to Be Improved to Help Ensure the Health and Safety of Nursing Home Residents (“Report”). The Report found that... READ MORE

Under Ohio’s spousal necessaries law, an individual has a duty to support his or her spouse, which includes the obligation to pay for medical care received by the spouse. A recent Ohio Supreme Court case determined that a creditor must present its claim for unpaid necessaries to the decedent’s estate before the creditor can... READ MORE

On November 30, 2018, CMS issued a Memorandum to State Survey Agency Directors (QSO-19-02-NH), announcing its concerns about adequate registered nurse staffing in skilled nursing facilities and that it will provide CMS Regional Offices and State Survey Agencies with a list of facilities with potential staffing issues to support survey activities for evaluating sufficient staffing and... READ MORE

Last week, the United States Court of Appeals for the Seventh Circuit (“Court of Appeals”) released an opinion that confirmed a Centers for Medicare & Medicaid Services (“CMS”) assessment of an immediate jeopardy citation and an $83,800 civil money penalty against a nursing home for inadequately addressing sexual interactions between cognitively impaired nursing home... READ MORE