Tag archive: nursing homes

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…

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…

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…

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

MISSOURI

St. Louis  |  Clayton  |   Kansas City

ILLINOIS

Alton  |  Carbondale  |  Edwardsville  |  O'Fallon

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.

Menu