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 – §483.55 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…

HIPPA’s Not Just For Covered Entities – Recent Enforcement Action Extends To Business Associates

On June 29, 2016, the Office of Civil Rights (OCR) announced a Resolution Agreement it entered with Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) a business associate of six nursing homes. This Resolution Agreement included a monetary payment of $650,000 and a Corrective Action Plan (CAP). The CAP requires CHCS to conduct…

Be Aware of New OSHA Requirements!

Nursing homes are at high risk for regulatory violations under new OSHA reporting rules. Steve Wilder’s article in Long Term Living Magazine outlines the new reporting rules while emphasizing the risks to long term care facilities. Senior living facilities with regulatory and compliance needs should seek out qualified legal representation for assistance. By Jonathan W. McCrary

Fraud and Abuse Update: Inflation Adjusted Rate Hikes Coming Aug. 1 for False Claim Act and Anti-Kickback Civil Money Penalties

PROVIDERS TAKE NOTE: CIVIL MONEY PENALTIES FOR FALSE CLAIM ACT AND ANTI-KICKBACK STATUTE VIOLATIONS WILL NEARLY DOUBLE AUGUST 1ST The Department of Justice (DOJ) released an interim final rule recently to update the minimum and maximum civil money penalties (CMP) for violation of the False Claim Act (FCA). Providers should be aware that the increases…


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