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... Continue Reading →

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Filial Responsibility Law (Part 2) – Another Tool for Nursing Homes to Get Paid – Son Liable for Parents’ $104,276 Nursing Home Bill Under North Dakota Law

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Recently, the North Dakota Supreme Court found a son liable for his parents’ $104,276 unpaid nursing home bill under North Dakota’s filial responsibility law.... Continue Reading →

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Sequestration Cuts Impact Nursing Homes and Post-Acute Care Providers

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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... Continue Reading →

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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... Continue Reading →

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CMS Proposes Extension on Automatic Sprinkler Requirements

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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... Continue Reading →

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CMS Issues Advance Copy of Long-Term Care Survey Protocol

On September 27, 2012, CMS issued an advance copy of the State Operations Manual (“SOM”) revisions to Appendix P of the SOM, which addresses Long-Term Care Facility survey protocol. The SOM guidance also makes changes to various survey forms resulting from the new quality measures reports.... Continue Reading →

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CMS Releases 2012 Nursing Home Action Plan

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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... Continue Reading →

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

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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... Continue Reading →

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Filial Responsibility Law – Another Tool for Nursing Homes to Get Paid – Son Liable for Mother’s $92,943 Nursing Home Bill Under Pennsylvania Law

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Recently, a Pennsylvania appeals court found a son liable for his mother’s $92,943 unpaid nursing home bill under Pennsylvania’s filial responsibility law. ... Continue Reading →

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Do Men Have a More Difficult Time Finding LTC?

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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. ... Continue Reading →

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