Tag archive: long term care

Proposed Legislation Regarding Long-Term Care Facilities in Missouri – March 2018

Pilot Program To Transfer Facility Inspections From The Department Of Health And Senior Services to Local Health Departments (HB – 1555) Missouri Representative James Neeley is sponsoring a bill that would create a pilot program to transfer the authority to inspect nursing homes from the Department of Health and Senior Services to local health departments….

CMS Changes Position to Support Arbitration Agreements in Long Term Care Settings

The Centers for Medicare and Medicaid Services (CMS) advised in June that it was going to back off its prior position on prohibiting nursing homes from including arbitration provisions in admission contracts. CMS has reversed its prior position and is currently drafting a new rule, which would allow pre-occurrence arbitration agreements to stand. The Fair…

Delays in Illinois Medicaid Approval Under Fire

As every long-term care facility doing business in Illinois can attest, Medicaid eligibility determinations and benefit awards have been slow, with HFS often falling months, if not years, behind. A group of SNFs and their residents are trying to change that. Several healthcare providers and their patients have filed suit against Felicia Norwood in her…

CMS: Change in Direction on Arbitration Ban

On September 28, 2016, CMS created the “Arbitration Rule”, banning arbitration agreements in nursing home admission agreements. By creating this Rule, CMS took the position that, due to the inequality of bargaining power between potential nursing home residents and long term care facilities, those facilities could no longer require, or even offer, binding arbitration as…

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….

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 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…

CMS Final Rule – §483.45 Pharmacy Services

Implementation Date: Phase 1 – November 28, 2016¹ Section 483.45 incorporates regulations previously contained in §483.60 and was revised to include additional requirements involving pharmacist review of medical records, changes to existing requirements concerning “anti-psychotic” drugs to include “psychotropic” medications, and provisions related to “irregularities” or “unnecessary” use of psychotropic drugs. Currently, a pharmacist is…

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