Articles and Blogs

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

Recently, a Pennsylvania appeals court found a son liable for his mother’s $92,943 unpaid nursing home bill under Pennsylvania’s filial responsibility law.  READ MORE

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

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

The Office of the Inspector General (OIG) just released a report on the failure of nursing facilities to develop and implement adequate emergency preparedness and response programs.  The “Gaps Continue to Exist in Nursing Home Emergency Preparedness and Response During Disasters: 2007-2010” report is the summation of an OIG study to assess emergency preparedness and... READ MORE

The United States Bankruptcy Court for the Eastern District of Kentucky held that the wife of a nursing home resident was contractually bound through a nursing home admissions agreement to apply for Medicaid benefits on behalf of her husband and who failed to do so, could not discharge the amount due to the nursing... READ MORE

On April 6, 2012, CMS issued a Survey and Certification Transmittal stating that when a Home Health Agency (“HHA”) deactivates its provider number (the provider number is now referred to as the CMS Certification Number or CCN), the HHA must be surveyed for compliance with the CMS Conditions of Participation (CoPs) for HHA’s if... READ MORE

In a surprise reversal, the Centers for Medicare & Medicaid Services (CMS) has dropped a controversial proposed regulation that would require nursing homes to hire independent pharmacists to oversee residents’ medication regimens. The proposed rule had been developed in response to the belief that relationships between long-term care providers and pharmacy suppliers could conflict... READ MORE

I wanted to highlight a post from one of our sister-blogs at Hall Render, the Litigation Analysis Blog, about a recent jail term for a nursing assistant who posted pictures of a resident to her Facebook account. In that case, a judge sentenced a nursing assistant to eight days in jail, and two years probation... READ MORE

As a means of improving care to residents residing in Medicare/Medicaid nursing facilities, CMS announced on March 15, 2012 an initiative to help reduce avoidable hospitalizations.  Organizations interested in participating in this initiative must submit an application to CMS by June 14, 2012. The goal of the initiative is to improve care for residents... READ MORE