CMS Updated Nursing Home Regulation Guidance

On June 29, 2022, the Centers for Medicare & Medicaid Services (CMS) released much-awaited Phase 3 guidance along with updated Phase 2 guidance on nursing home regulation. The guidance was issued as the result of 2016 revisions to the Medicare Requirements for Participation for Nursing Homes. Due to delays caused by the COVID-19 pandemic, CMS is only now releasing the last set of guidance for nursing home regulation, which was originally scheduled to be released in 2019. The Phase 3 guidance offers significant updates to the requirements state oversight agencies must follow when surveying and assessing a nursing home's compliance [...]

2024-03-08T11:27:18-05:00July 22, 2022|

Advocating for Quality Long-Term Care in Pennsylvania

At Rothkoff Law Group, advocating for quality long-term care in Pennsylvania is a part of our day-to-day. As our loved ones age, their need for healthcare and personal assistance tends to increase. Whether your loved one is in the early stages of dementia, undergoing short-term rehabilitation after hospital admission, or in need of long-term nursing home care, accessing the best care and figuring out how best to pay for it can be overwhelming burdens. Wherever this journey begins, advocacy is important to address all of these issues. In pursuit of quality long-term care in Pennsylvania, our clients are often surprised [...]

2024-03-08T11:30:24-05:00April 22, 2022|

Biden Administration Announces Significant Nursing Home Reform

In an effort to improve the quality of care for nursing home residents, the Biden Administration has announced plans for sweeping nursing home reform. As you are aware, the pandemic has been devastating to nursing home residents. COVID-19 has not necessarily caused all the recent issues with nursing homes. Issues regarding staffing, quality of care, and private investors’ role in the nursing home industry has existed long before anyone heard of COVID-19. The pandemic simply brought these issues to the surface. As a result, on February 28, 2022, the Biden administration announced it would be implementing a variety of nursing home reforms, including the [...]

2024-03-08T11:33:39-05:00March 4, 2022|

CMS Update on Nursing Home Information Disclosed to Public

In a recent CMS update, the public will now have access to new information about nursing homes that were previously undisclosed. According to a report by the Center for Medicare Advocacy, in response to questions from reporters, the Centers for Medicare & Medicaid Services (CMS) has stated it will now publicly post all civil money penalties imposed against nursing facilities, whether or not the fines have been paid. Up until now, CMS has refrained from publicly disclosing unpaid fines. Arguably, CMS’s former policy rewarded bad behavior by facilities, such as refusal to pay fines, by keeping the federal fines hidden [...]

2024-03-08T12:11:38-05:00December 31, 2021|

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|
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