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.

CMS Final Rule – §483.85 Compliance and Ethics Program

Implementation Date:  Phase 3 – November 28, 2019 This is a new section developed in response to a mandate under the Affordable Care Act that requires the operating organizations of skilled nursing facilities to have a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administrative violations and in promoting…

Section 483.35 Nursing Services

Implementation Date: November 28, 2016 Section 483.35 regarding requirements for nursing services was formerly located at section 483.30. The former regulations addressed certain aspects of facility staffing but left gaps related to a number of areas such as the competencies of licensed nurses and the need to take into account resident acuity. The new rule…

Section 483.15 Admission, Transfer and Discharge Rights

Implementation Date: November 28, 2016¹ Section 483.15 replaces section 483.12 and requires the facility to establish an admissions policy. Section (a)(2) states facilities cannot request or require residents or potential residents to waive their rights to Medicare or Medicaid benefits or any rights conferred by applicable state, federal and local licensing or certification laws. Section(a)(2)(iii)…

CMS Final Rule – §483.80 Infection Control

Implementation Date: Phase 1 – November 28, 2016 The new §483.80 adds additional requirements for infection prevention and control. The provisions under existing §483.65 have been re-designated as §483.80. Each facility must implement an “Infection prevention and control program” (IPCP) that must follow accepted national standards, be based upon the facility assessment conducted according to…

Appeal From Order Denying Arbitration Must Be Filed Within 10 Days

In Sanford v. CenturyTel of Missouri, LLC, d/b/a CenturyLink, No. SC95465 (Mo. en banc 2016), the Missouri Supreme Court recently held that an order denying a motion to compel arbitration is immediately appealable. The order denying arbitration must be appealed within 10 days from entry to avoid waiting for a final judgment after trial to…

CMS Final Rule – §483.75 Quality Assurance and Performance Improvement (QAPI)

Implementation Date: Phase 3 – November 28, 2019 – with the following exceptions Phase 2 – November 28, 2017 – §483.75(a)(2) Initial QAPI Plan must be provided to State Agency Surveyor at annual survey Phase 1 – November 28, 2016 -  §483.75(h) and (i) – Disclosure of information and Sanctions Phase 1 – November 28,…

CMS Final Rule – Freedom from abuse, neglect, and exploitation (§483.12)

Implementation Date: Phase 1 – November 28, 2016 except for (b)(4) Coordination with QAPI plan – implemented in Phase 3 (November 28, 2019) and (b)(5) reporting crimes/1105B – Implemented in Phase 2 (November 28, 2017) Section 483.12 has been changed to “Freedom from Abuse, Neglect and Exploitation” from “Resident Behavior and Facility Practices” in order…

CMS Final Rule – Physician Services (§483.30)

Implementation Date: Phase 1 – November 28, 2016 §483.30 was modified to specify that, in addition to a physician’s recommendation that the individual be admitted to a facility, a physician, a physician assistant, a nurse practitioner, or a clinical nurse specialist must provide orders for the resident’s immediate care and needs. This provision will help…

CMS Final Rule – Basis and Scope (§483.1)

Implementation Date: Phase 1 – November 28, 2016 The revised §483.1 “Basis and Scope” section now includes references to sections 1819(f), 1919(f), 1128I(b) and (c), and 1150B of the Act. Sections 1819(f) and 1919(f) of the Act require that the current mandatory on-going training for Nurse Aids include dementia management and resident abuse prevention training….

CMS Final Rule – Definitions (§483.5)

Implementation Date: Phase 1 – November 28, 2016 Current regulations at §483.5 provide definitions for terms commonly used in the LTC requirements. Certain terms have been revised for clarity and new terms that are widely used in the LTC setting have been added. The following revisions have been made: Revised the definition of “abuse” to…

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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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