Important Update on Nursing Home Visitation Guidance from CMS

On November 12, 2021, the Centers for Medicare & Medicaid Services (CMS) updated their Nursing Home Visitation Guidance. After over a year and a half of residents and their loved ones being separated from each other and subject to confusing and often ignored nursing home visitation guidance, visitation is now allowed at all times for all residents, including indoor visitations.  All visitors must continue to adhere to infection prevention practices. Additional key points of new guidance include: Facilities can no longer limit frequency and length of visits, number of visitors, or require advanced scheduling of visits. Vaccinated and unvaccinated residents [...]

2024-03-08T12:13:08-05:00November 18, 2021|

The Role of Private Equity Ownership in Nursing Home Care

In this week's blog, we discuss the role of private equity investment in nursing homes and what states are doing to address these issues. Nursing homes owned by private equity firms have higher mortality rates, according to the National Bureau of Economic Research (NBER). Over the past 18 years, private equity (PE) investment in nursing homes increased 20-fold, from $5 billion to $100 billion. “Private equity’s business model involves buying companies, saddling them with mountains of debt, and then squeezing them like oranges for every dollar,” so says United States Representative Bill Pascrell from New Jersey, of PE companies purchasing [...]

2024-03-08T12:14:05-05:00October 27, 2021|

Arbitration Agreements in Nursing Home Admission Contracts

  On October 1st, a federal appeals court decided to uphold restrictions that limit the use of binding arbitration agreements in nursing home admissions agreements. Binding arbitration agreements prior to the rise of any actual dispute have been promoted for decades as a way to reduce expenses by providing an alternative dispute resolution method. When used properly, arbitration agreements can provide the parties with a less expensive forum to solve disputes. However, binding arbitration agreements have also been used by the business community to attempt to limit themselves from potential liability by having a party relinquish their right to bring [...]

2024-03-08T12:15:04-05:00October 8, 2021|

Rothkoff Law Elder Care Symposium Set to Explore What Went Wrong in the Pandemic with Elder Care

On Thursday, October 21, 2021, Rothkoff Law Group will host our 4th Annual Elder Care Symposium from 8:30 am to 4:30 pm. The topic for this year’s virtual event is Lessons Learned from COVID-19. The agenda includes a keynote address, breakout sessions, and a panel discussion. Professionals who work with older adults and family members of senior-aged loved ones will have valuable networking opportunities and unprecedented access to critical information regarding elder care issues. The Symposium will take a hard look at the current healthcare system for seniors and address how to change it for the better. This unique event [...]

2024-03-08T12:17:28-05:00September 23, 2021|

Self-Directed Medicaid Home Care Options

For a multitude of reasons, even once approved for Medicaid, many families have been hesitant to move their loved ones to an Assisted Living or Nursing Home environment, opting instead for home care. However, home care through an agency comes with issues of its own, primarily rooted in staffing shortages. It is no secret that the United States’ aging population is growing, an impending crisis exacerbated and exposed by the COVID-19 pandemic. The Philadelphia Inquirer recently called out Pennsylvania’s lack of comprehensive eldercare solutions, rating their “level of preparedness at a ‘C’ or ‘D,’” not nearly good enough to match [...]

2024-03-08T12:23:09-05:00September 10, 2021|

Nursing Home Visitation

Unfortunately, nursing home visitation and visits to long-term care communities in NJ, PA, and beyond are once again being limited or restricted due to residents and/or staff contracting the COVID-19 virus. We have seen the devastating consequences of visitation restrictions on long-term care residents. During the past year, long-term care advocates have called for each community to allow for an “essential caregiver” during a health care emergency.  In June 2021, a bill was introduced in Congress to recognize essential caregivers. The Essential Caregivers Act (H.R. 3733) is bipartisan legislation that would give nursing home residents the right to have access [...]

2024-03-08T12:19:43-05:00August 11, 2021|

Pennsylvania Updates Nursing Home Regulations

Acknowledging that current statewide nursing home regulations are insufficient to meet the physical, psychological, and social needs of residents, Pennsylvania announced a number of changes this past week.  One of the most significant being a 35% increase in direct care provided to each nursing home resident -  4.1 daily hours, up from 2.7. Although lessons learned from the COVID-19 Pandemic contributed to these new nursing home regulations, studies show that raising the number of care hours improves the quality of care, prevents infections, falls, malnutrition, and dehydration.  In short, more care creates better outcomes. Of course, any new law, regulation, [...]

2024-03-08T12:20:06-05:00August 5, 2021|

The Importance of Nursing Home Communication

The importance of nursing home communication and relaying information clearly is a key consideration for anyone entering a home and for family members involved in the process. Good nursing home communication helps ensure you or your loved one, as well as nursing home staff, are all on the same page together. Deciding whether it is best for mom or dad to move to a nursing home is a very difficult decision. Their well-being and safety are your primary goals, especially in these times of Covid. After considering other options, sometimes a nursing home is the only solution. Once the decision [...]

2024-03-08T12:26:09-05:00June 25, 2021|

Aging with PRIDE: LGBT Aging and Advocacy

LGBT aging and advocacy can be an ongoing issue for seniors as they make new transitions in their lives. From medical care to social roadblocks in assisted living facilities, LGBT aging is an important topic for all, whether or not you find yourself a part of this community. As we all know, aging is not something we can avoid. There are ways we can slow the progression by which we age, such as by exercising and maintaining a healthy lifestyle, but eventually, we all get there. Working with seniors, I have seen 90-year-olds that look 60 and 60-year-olds that look [...]

2024-03-08T12:26:26-05:00June 17, 2021|

Expanded Skilled Nursing Facility Medicare Coverage During the COVID-19 Pandemic

The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns or other health system disruptions. As a result, the Centers for Medicare & Medicaid Services (CMS) has waived two limitations on Medicare Part A skilled nursing facility (SNF) coverage during the coronavirus pandemic: The 3-day qualifying hospital stay requirement; and The 100-day benefit period. However, CMS treats the two SNF coverage expansions differently from each other with regard to its connection to COVID-19. Three Day [...]

2024-03-08T12:30:05-05:00April 6, 2021|
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