For the Love

Angie Szumlinski Legal, News

“As businesses worked to get PPE into the hands of those most in need of it, Christopher Dobbins chose to hack his former employer and maliciously interrupt that process,” said U.S. Attorney Nyung J. “BJay” Pak, in an article published by the U.S. Department of Justice. “His actions caused delays in the delivery of desperately needed equipment in the midst …

COVID Related Lawsuits

Angie Szumlinski Legal

The pandemic has already created a flurry of individual and class-action lawsuits against post-acute care providers. In fact, according to data collected through a national association for lawyers, it is estimated that approximately 80 COVID-related litigation cases have been filed in Massachusetts alone, and more than 5,000 across the country. These cases are expected to be very costly to defend. …

CMS Resident Right to Vote Memo and Letter

Angie Szumlinski Legal

On October 5th, 2020, CMS sent out a memo regarding compliance related to nursing home residents and their right to vote. CMS made clear that they are affirming the continued right of nursing home residents to exercise their right to vote, while acknowledging the challenges that have arisen with the COVID-19 pandemic. Although visitations are limited and there are new …

File Folder marked Standards

NCAL's message about Argentum's National Standards Initiative

Peter Feeney Compliance, Legal, News

HealthCap® worked with AHCA/NCAL last fall to analyze what Argentum’s push for developing ANSI standards would mean for the industry. We found that national standards would be redundant to state licensing oversight and accompanying standards, which would confuse and complicate compliance. Furthermore, two sets of standards would fuel even more litigation, as trial attorneys will be able to hand-pick between …

American Flag With Lock

Latest LEIE File Released

Angie Szumlinski Legal

The US Department of Health and Human Services, Office of Inspector General (OIG) has released its updated List of Excluded Individuals and Entities (LEIE) database file, which reflects all OIG exclusions and reinstatement actions up to, and including, those taken in October 2019. https://www.oig.hhs.gov/exclusions/exclusions_list.asp

Great News – Thank You Nursing Home Workforce Quality Act

Angie Szumlinski Legal

On Wednesday, September 25, 2019 a bipartisan pair of lawmkaers introduced a bill that its supporters say would ease persistent staffing strains on the nation’s nursing home operators. Historically, if a provider received a civil money penalty of more than $10,000 (related to a negative survey outcome), the center would be banned from training certified nursing assistants for two years. …

Arbitration Agreement

Is Your Arbitration Agreement Compliant?

Christina Nechiporchik Compliance, Legal, News

After litigation and multiple comment periods from the public, the new CMS rule for arbitration agreements went into effect on September 16th. The rule only applies to arbitration agreements entered into on or after September 16th. Providers should take note of key requirements to ensure that their arbitration agreement will be enforceable. While it was a recommended best practice prior …

FBI Investigating Nursing Home Fraud

Angie Szumlinski Legal, News

A recent podcast from FBI This Week covered the FBI’s identification and investigation of nursing homes that exploit residents. What Does it Mean to You? When as the last time you viewed your operations with a critical eye? Now may be the perfect time as the FBI has allocated increased resources to identify and investigate exploitation of residents financially. They …

Developing a Personal Electronic Device Policy

Angie Szumlinski Legal

ECRI has unveiled their guidance on the subject of Personal Electric Device (PED) policy. The report covers both basic topics, like what to include in such a policy and the procedures therein, and more in-depth concepts such as tracking and, if necessary, wiping phones if they are stolen or missing. Developing a policy is a relatively simple process if facilities …

Senior Woman

OIG Discovers Abuse and Neglect at Skilled Nursing Facilities Not Always Reported or Investigated

Angie Szumlinski Legal

The Office of Inspector General (OIG) determined the prevalence of incidents of potential abuse or neglect of Medicare beneficiaries residing in skilled nursing facilities who had an ER Medicare claim in 2016 with a high-risk diagnosis code, whether these incidents of potential abuse and/or neglect were properly reported by the SNFs, whether the Centers for Medicare and Medicaid Services (CMS) …