Attorneys at Sandberg Phoenix represent long term care and senior living industry throughout the Midwest and have a long history of litigating and winning cases concerning all areas of professional liability claims and representing clients before administrative and regulatory bodies. Committed to sharing their knowledge and insight with the people who need it most, the Long Term Care and Senior Living Blog addresses current topics and issues of vital importance to the senior living and long term care industries.

Proposed “Arbitration Fairness Act of 2017” Continues Trend to End the Enforcement of Pre-Dispute Arbitration Agreement

Sen. Al Franken of Minnesota and Rep. Hank Johnson of Georgia have introduced the Arbitration Fairness Act of 2017. This bill, if enacted, would amend the Federal Arbitration Act (FAA) by adding a new chapter invalidating agreements that require arbitration of employment, consumer, antitrust or civil rights disputes entered into before a dispute arises. Sen….

CMS Update – Sharp Rise in Denials for SNF Claims

CMS issued an update regarding what appears to be a sharp increase in the denial rate for Skilled Nursing Facilities (SNFs) as reported in the 2015 Comprehensive Error Rate Testing (CERT) Report. The CERT Report showed denials increasing from 6.9% reported in 2014 to 11% in 2015. What did CMS attribute as the cause of…

National Pressure Ulcer Advisory Panel (NPUAP) Biennial Meeting

Recently, the National Pressure Ulcer Advisory Panel met at its Biennial meeting in New Orleans on March 10th and March 11th. A panel of experts met to discuss the terminology and evidence related to end-of-life wounds and skin failure issues. You may have heard of the terms that are sometimes used to describe end-of-life wounds,…

HIPAA Update – Reminder for your Clients – 2016 HIPAA Breach Reporting Deadline is 3/1/17

As a helpful reminder, clients need to be aware that the March 1, 2017 deadline for reporting 2016 HIPAA breaches is fast approaching. March 1, 2017 is the Deadline for Reporting 2016 HIPAA Breaches Affecting Fewer than 500 Individuals by Covered Entities to the OCR. Click here for a link to the OCR portal to…

HIPAA Update – Newest Settlement of $475,000 Results From Untimely Breach Report

Don’t let your clients get caught paying a “big” settlement for failing to report a HIPAA breach! For the first time, the Office of Civil Rights (OCR) has announced a HIPAA settlement with a provider who failed to provide a timely breach report. Presence Health, a health network serving Illinois with approximately 150 locations, including…

CMS Unveils Websites for Comparing Rehabilitation and Long-Term Care Facilities

The Centers for Medicare & Medicaid Services has unveiled two new websites for consumers that include information comparing rehabilitation facilities and long-term care facilities. CMS says that these websites are optimized for mobile use. The sites are located at medicare.gov/inpatientrehabilitationfacilitycompare/ and medicare.gov/longtermcarehospitalcompare/ By Jonathan W. McCrary

CMS Final Rule – Completed Comprehensive Analysis by Sandberg Phoenix LTC Team

The past few weeks have been busy ones for the Sandberg Phoenix & von Gontard Long-Term Care and Senior Living team as we have collectively analyzed and blogged about each of the revisions to the federal nursing home regulations. These revisions to 42 CFR 483(B) are the first comprehensive updates since 1991 and address the…

CMS Final Rule – §483.95 Training Requirements

Implementation Date: Phase 3 – November 28, 2018¹ This is a new section which sets forth training requirements, requiring a facility to develop, implement, and maintain an effective training program for all new and existing staff, persons providing service under contractual arrangements, and volunteers, consistent with the respective roles. Section 483.70(e) sets forth the assessment…

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2014 Sandberg Phoenix & von Gontard P.C. All Rights Reserved.

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