Tag Archives | long term care

Daughter Not Liable for Mother’s Skilled Nursing Facility Expenses Because She Had No Authority Over Finances or Access to Mother’s Finances

The Indiana Court of Appeals (“Court”) ruled that a daughter who signed a skilled nursing facility admissions agreement as her mother’s “responsible party” was not liable for her mother’s unpaid skilled nursing facility bill because the daughter did not have authority over her mother’s finances or access to her mother’s finances. Continue Reading →

Sequestration Cuts Impact Nursing Homes and Post-Acute Care Providers

In a transmittal issued on April 5, 2013, CMS provided guidance on survey activities that will be affected by the sequestration cuts.  The transmittal provides guidance on several areas that will have an immediate and potentially negative effect on nursing homes and post-acute care providers.  These changes will affect the survey process as conducted by the state survey agencies.

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Final Rule Published Regarding Nursing Facility Closure Requirements

On March 19, 2013, the Centers for Medicare & Medicaid Services’ (“CMS”) Final Rule regarding notification and relocation requirements for closing a long-term care (“LTC”) facility was published in the Federal Register.

Under the new requirements, 60 days prior to the closure of an LTC facility, the administrator must provide written notice to the following: Continue Reading →

CMS Proposes Extension on Automatic Sprinkler Requirements

In 2003, two fires in long-term care facilities resulted in 31 resident deaths. As a result of these two events, CMS analyzed the fire safety precautions in place in these facilities and determined that resident safety could be greatly improved by requiring that all long-term care facilities have automatic sprinkling systems installed throughout the buildings. Consequently, on August 13, 2008, CMS published a final rule that required all buildings with long-term care facilities must have automatic sprinkler systems installed throughout the facilities no later than August 13, 2013.

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CMS Releases 2012 Nursing Home Action Plan

The Centers for Medicare & Medicaid Services (CMS) just released the 2012 Nursing Home Action Plan; a guide for CMS’ efforts to continue to improve nursing home safety and quality.  The plan features 5 actionable strategies, including: enhance consumer engagement; strengthen survey processes, standards, and enforcement; promote quality improvement; create strategic approaches through partnerships; and advance quality through innovation and demonstration.  Continue Reading →

New Vermont laws on abuse, neglect and exploitation of vulnerable adults residing in long term care facilities

Vermont Governor Peter Shumlin recently signed Vermont House Bill 413 into law.  The new law adds a new section to Vermont’s laws on abuse, neglect and exploitation of vulnerable adults residing in long term care facilities.  The new section allows Vermont’s Attorney General the right to pursue a civil action against individuals, nursing homes and other long term care facilities, who, with reckless disregard or with knowledge violate Vermont’s laws abuse, neglect and exploitation of vulnerable adults.   The new law provides that merely having a report filed with the Vermont Attorney General of abuse, neglect, exploitation or suspicion of those acts, is not be sufficient to demonstrate that a person or caregiver acted with reckless disregarded.  Fines start at $5,000 if no bodily injury results and can rise to $50,000 if death occurs.  The new law is effective July 1, 2012.

Vermont’s new law can be found here.
Should you have any questions, please contact:

Todd Selby at 317.977.1440 or tselby@hallrender.com;

Brian Jent at 317.977.1402 or bjent@hallrender.com;

David Bufford at 502.568.9368 or dbufford@hallrender.com; or

Sean Fahey at 317.977.1472 or sfahey@hallrender.com,

or your regular Hall Render attorney.

Do Men Have a More Difficult Time Finding LTC?

The New York Times (NYT) had an interesting article in their The New Old Age segment that described the issues men have in finding appropriate long-term care facilities.  The article highlighted an intuitive, yet often overlooked issue concerning the number of rooms a facility has versus the number of beds.  Many facilities have two beds in most rooms; these semi-private rooms have restrictions that require the residents to be the same sex.  As most residents in long-term care are female, finding another female to share a semi-private room is generally not difficult.  However, placing a male in semi-private room requires another male resident to fill the room. 

This demonstrates some of the issues long-term care providers must resolve.  While the facility is obviously limited in having males and females share semi-private rooms, having an odd number of male residents could result in empty beds, yet the inability to fill them.  With costs increasing, and governmental reimbursement cuts, facilities have to operate at a high census to remain solvent.  Quality of care and non-discriminatory admissions policies clearly should take precedence over profitabilty, but this does highlight both a current and future issue as more people require long-term care.

Should you have any questions, please contact:
Todd Selby at 317.977.1440 or tselby@hallrender.com;
Brian Jent at 317.977.1402 or bjent@hallrender.com; or
David Bufford at 502.568.9368 or dbufford@hallrender.com,
or your regular Hall Render attorney.

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