How to Find Current Staffing Information On Nursing Homes
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How to Find Current Staffing Information On Nursing Homes

Law Update, Assisted Living

How to Find Current Staffing Information On Nursing Homes

For decades, academic research has shown that staffing levels reliably predict the quality of care in nursing homes and that shortages increase the risk of delayed response to daily needs, like toileting and eating, as well as medical emergencies, such as falls and strokes. A pivotal federal study from 20 years ago, when most nursing home residents were younger and healthier than today, suggested a minimum of 4.1 hours per resident daily – more than the new rule. On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) released its final rule on Minimum Staffing Standards for Long-Term [...]

Jerold Rothkoff2024-06-13T08:42:56-04:00June 13, 2024|

New Nursing Home Staffing Mandate Is Under Threat
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New Nursing Home Staffing Mandate Is Under Threat

Law Update, Assisted Living

New Nursing Home Staffing Mandate Is Under Threat

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited regulations on minimum staffing in nursing homes. This was a culmination of a two-year process, including a request for information, a study, and a comment period. Although the final rule is well below the 4.2 hours of direct care per resident per day, as numerous studies have shown is required, the staffing standards are a good first step. There is good news: Nursing homes are required to have a registered nurse on duty 24 hours a day, seven days a week. This is a significant improvement providing clinical [...]

Jerold Rothkoff2024-05-29T13:29:38-04:00June 3, 2024|

Nursing Home Minimum Staffing Standards Finalized
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Nursing Home Minimum Staffing Standards Finalized

Law Update, Assisted Living

Nursing Home Minimum Staffing Standards Finalized

On Tuesday, April 23, 2024, the Centers for Medicare & Medicaid Services (CMS) published the final rule, implementing minimum staffing standards for nursing homes intended to increase staffing levels and improve patient care in nursing homes. The Biden Administration’s announcement is controversial. CMS has faced fierce opposition from the nursing home industry and Republicans in Congress who see these requirements as an unfunded mandate. It establishes, for the first time, national minimum staffing standards for nursing homes that collect taxpayer money through Medicare- and Medicaid-funded services. The staffing requirements will be phased in over the next two to five years, and CMS has made provisions to grant exemptions [...]

Jerold Rothkoff2024-06-24T08:49:55-04:00May 1, 2024|

How to Transfer a Car Title from Deceased Family Members
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How to Transfer a Car Title from Deceased Family Members

Law Update

How to Transfer a Car Title from Deceased Family Members

At our firm, we’re often asked how to transfer a car title from deceased family members. Until recently, in New Jersey, transferring a title required a trip to the local DMV office, which sometimes needed a significant wait time. However, in May 2023, New Jersey enacted a new "transfer on death" law for motor vehicles. This new law represents a notable step toward making the asset transfer process more efficient and cost-effective. It aligns motor vehicles with the ease of transfer typically associated with bank accounts and retirement plans, simplifying the lives of both vehicle owners and their beneficiaries. This [...]

Jerold Rothkoff2024-03-08T10:46:44-05:00December 28, 2023|

Health and Hospital Corporation of Marion County v. Talevski
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Health and Hospital Corporation of Marion County v. Talevski

Health Law, Law Update

Health and Hospital Corporation of Marion County v. Talevski

The United States Supreme Court recently ruled 7-2 to protect the right of Medicaid nursing home residents to seek relief in federal court when state officials do not meet a certain quality of care—a ruling being hailed as a civil rights victory for Medicaid patients. In Health and Hospital Corporation of Marion County v. Talevski, state officials challenged the right of a Medicaid beneficiary to bring suit in federal court in a case involving the alleged violation of Gorgi Talevski's federal rights under Medicaid's Federal Nursing Home Reform Act (FNHRA). By a 7-2 margin, in a remarkable opinion for the [...]

Jerold Rothkoff2024-05-20T16:43:46-04:00June 16, 2023|

Medicaid Coverage for Assisted Living: PA Legislation Proposal
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Medicaid Coverage for Assisted Living: PA Legislation Proposal

Health Law, Law Update, Assisted Living, Public Benefits

Medicaid Coverage for Assisted Living: PA Legislation Proposal

In December 2022, Pennsylvania state Senators Michelle Brooks and Judy Ward proposed legislation that would expand Medicaid coverage for assisted living facilities. The proposal is designed to provide support for older adults who require assistance with daily living but do not require the high level of care provided by nursing homes. Under the proposed legislation, eligible seniors would be able to access Medicaid coverage for assisted living services, including room and board, personal care, and medication management. This would be a game-changer for many seniors who are currently struggling to pay for these services out-of-pocket or relying on family members [...]

Bryan Adler2024-03-08T11:19:44-05:00April 28, 2023|

New Bill Addresses Financial Exploitation in Long-Term Care for NJ Residents
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New Bill Addresses Financial Exploitation in Long-Term Care for NJ Residents

Law Update, Assisted Living

New Bill Addresses Financial Exploitation in Long-Term Care for NJ Residents

Last week, a new bill was introduced in the New Jersey legislature to address continued problems in certain New Jersey nursing homes. The bill, co-sponsored by Senator Joseph F. Vitale (D—Middlesex) and Sen. Robert W. Singer (R—Ocean), will attempt to address issues related to financial exploitation in long-term care. The bill prohibits the personnel of nursing homes and other long-term care facilities—owners, operators, managers, employees—“or other person who benefits financially from a long-term care facility” from managing “the affairs of a [nursing home resident] except pursuant to an order of the Superior Court appointing that person guardian of the principal.” [...]

Jerold Rothkoff2024-03-08T11:20:04-05:00February 24, 2023|

Millions at Risk to Lose Medicaid Coverage as of April 1, 2023
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Millions at Risk to Lose Medicaid Coverage as of April 1, 2023

Law Update

Millions at Risk to Lose Medicaid Coverage as of April 1, 2023

Analysts estimate that up to 18 million people (or one in five enrollees) will lose Medicaid coverage between this year and next, and among those, 3.8 million will remain without health insurance. Here is what you need to know. Medicaid enrollment ballooned by 20 million people during the Covid-19 pandemic to nearly 84 million people. That was no fluke: with a declaration of a Public Health Emergency (PHE), states were barred from removing people from the program. This is all about to change. The $1.7 trillion government spending bill passed in December reinstated states’ ability to kick people off Medicaid, [...]

Jerold Rothkoff2024-03-08T11:12:02-05:00January 20, 2023|

CMS to Make More Medicare Nursing Home Ownership Data Publicly Available
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CMS to Make More Medicare Nursing Home Ownership Data Publicly Available

Assisted Living, Law Update

CMS to Make More Medicare Nursing Home Ownership Data Publicly Available

Additional Medicare nursing home ownership data is being made publicly available by the U.S. Department of Health and Human Services (HHS) through the Centers for Medicare & Medicaid Services (CMS). This effort may help improve nursing home transparency, safety and quality, and accountability by providing more information about the ownership of all Medicare-certified nursing homes. This data will, for the first time, give state licensing officials, state and federal law enforcement, researchers, and the public an enhanced ability to identify common owners of nursing homes across nursing home locations. This information can be linked to other data sources to identify [...]

Jerold Rothkoff2024-03-08T11:21:40-05:00October 21, 2022|

CMS Updated Nursing Home Regulation Guidance
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CMS Updated Nursing Home Regulation Guidance

Law Update, Assisted Living

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 [...]

Jerold Rothkoff2024-03-08T11:27:18-05:00July 22, 2022|