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 – §483.40 Behavioral Health Services

Implementation Date: Phase 2 – November 28, 2017 The new §483.40 focuses on facilities providing the necessary behavioral health services to further the existing requirement in §438.25, which requires each resident to receive care and services to attain and maintain the highest practicable physical, mental and psychosocial well-being. Facilities must have sufficient staff who provide…

CMS Final Rule – §483.65 Specialized Rehabilitative Services

Implementation Date:  Phase 1 – November 28, 2016 The regulations regarding Specialized Rehabilitative Services have been relocated from §483.45 to §483.65. Under the revised regulations “respiratory therapy” has been added to the list of specialized rehabilitative services that must be provided by the facility. Therefore, under 483.75(g) and (h) the facility must now either employ…

CMS Final Rule – Quality of Life (§483.24) & Quality of Care (§483.25)

The regulation originally had a section “Quality of Care” at §483.25 and “Quality of Life” at §483.15. Quality of Life now appears at §483.24 and Quality of Care at §483.25. Each provision and the changes thereto as reflected in §483.24 and §483.25 are discussed more fully below. Quality of Life §483.24 In total, the new…

CMS Final Rule – §483.55 Dental Services

Implementation Date:  Phase 1 – November 28, 2016 with the following exceptions: • §483.55(a)(3) and (a)(5) Loss or damage of dentures and policy for referral – Phase 2 – November 28, 2017; • §483.55(b)(3) and (b)(4) Referral for dental services regarding loss or damaged dentures – Phase 2 – November 28, 2017. The Phase 1…

CMS Final Rule – §483.50 Laboratory, Radiology, and Other Diagnostic Service

Implementation Date: Phase 1 – November 28, 2016 The new §483.50 incorporates regulations previously contained in sections §483.75(j) and (k). The revised regulation now allows, not only physicians, but also physician assistants, nurse practitioners and/or clinical nurse specialists (“mid-level providers”), to order laboratory, radiology and other diagnostic services and receive the results of those orders….

CMS Final Rule – Comprehensive Analysis by Sandberg Phoenix LTC Team

Over the next few weeks, the Sandberg Phoenix Long-Term Care and Senior Housing Team will be rolling out its analysis of the new CMS Final Rule revising the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. We will address each revision and how it impacts both the care…

New Final Rule for National Emergency Preparedness for Medicare/Medicaid Providers & Suppliers

Following recent natural disasters, such as Hurricane Sandy or episodes of serious flooding; the Centers for Medicare and Medicaid Services (CMS) published a Final Rule to help Medicaid & Medicare providers and suppliers plan for natural and man-made disasters. The new regulations provide consistent emergency preparedness requirements with a goal of enhancing patient safety during…

Illinois Wrongful Death Statute Extended in Violent Crime Circumstances

Effective January 1, 2017, Illinois will enact Molly’s Law, which extends the time period in which a victim’s family can file a wrongful death lawsuit in situations where the victim dies as the result of  an act that was intentional and violent in nature. This law was introduced by State Representative Terri Bryant (R-Murphysboro) in…

New CMS Guidance Protecting Patient Privacy in Nursing Home

PROTECTING RESIDENT PRIVACY AND PROHIBITING MENTAL ABUSE RELATED TO PHOTOGRAPHS AND AUDIO/VIDEO RECORDINGS BY NURSING HOME STAFF In light of concerns that patient photographs are showing up on social media networks and other multimedia messaging, CMS issued guidance to State Survey Agency Directors. S&C: 16-33-NH dated August 5, 2016, effective immediately, addresses the need for…

HIPAA Update – Advocate Health Care, a Single entity, settles HIPAA Penalties for $5.55 Million

Advocate Health Care Network, the largest fully-integrated health care system in Illinois, agreed to the largest HIPAA Settlement to be paid by a single entity for potential penalties in the amount of $5.55M. The alleged long term non-compliance resulting in this settlement included four failures to comply with HIPAA including: failure to adequately conduct risk…

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