On May 11, 2021, the Centers for Medicare & Medicaid Services (CMS) of the U.S. Department of Health & Human Services published an interim final rule/guidance to establish COVID-19 vaccination requirements for Long-Term Care (LTC) facilities. The requirements are applicable to both residents and staff. LTC facilities have already been managing COVID-19 vaccination requirements both
Long Term Care
New York State Nursing Home, Adult Care Facility Staff Testing, Certification of COVID-19 Compliance
New York Governor Andrew Cuomo’s Executive Order No. 202.30 (EO 202.30) implements significant changes for nursing homes (NHs) and adult care facilities (ACFs) in the state, including the testing of all personnel for COVID-19 twice a week.
The changes include:
- NHs and ACFs must test or arrange testing all personnel, including all employees, contract staff,
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility
Despite significant legal obstacles, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center violated Title III of the Americans with Disabilities Act and its precursor, Section 504 of Rehabilitation Act, by failing to provide a level of care to safeguard their health and safety at its assisted living facility…
New Healthcare Workplace Safety Prevention Laws Take Effect April 1, 2017, in California
Healthcare employers in California should prepare for a host of new workplace safety requirements, starting this weekend. California’s new healthcare workplace safety prevention law takes effect April 1, 2017. The scope of the regulation affects almost all health care facilities, medical groups, and several other care facilities including senior care centers, nursing homes, and retirement…
Long-Term Care Facilities: New Rule Imposes Significant Changes, including Bar on Pre-Dispute Arbitration Agreements
Skilled nursing facilities participating in the Medicare program and nursing facilities in the Medicaid program are prohibited from including a mandatory pre-dispute arbitration clause in their contracts with individuals seeking admission to long-term care (LTC) facilities under a final rule from the Centers for Medicare & Medicaid Services (CMS). This prohibition and other significant new…
Jury Finding Understaffing Caused Nursing Home Resident’s Death Supported by Evidence, Tennessee High Court Rules
Healthcare employers may be interested in a recent article on the Jackson Lewis P.C. website regarding liability for inadequate staffing in a nursing home setting. Click here for more information.
Registered Nurses, Serving as Charge Nurses, were Supervisors under NLRA, Federal Appeals Court Rules
Healthcare employers may be interested in a recent post on the Jackson Lewis P.C. Workplace Resource Center addressing the supervisory status of registered nurses working as charge nurses. Click here for more information.
Jury Awards $29 Million Against Nursing Home for False Claims Act Violations
An Illinois jury hit a skilled nursing facility (SNF) with a $29 million verdict after agreeing with allegations by former employees that the SNF knowingly provided worthless services to its residents and submitted over 1700 false claims to the government for their care.
Continue Reading Jury Awards $29 Million Against Nursing Home for False Claims Act Violations
Obamacare Imposes New Compliance Program Requirements for Nursing Facilities
Under the Patient Protection and Affordable Care Act of 2010 (PPACA), also known as Obamacare, all nursing facilities and skilled nursing facilities must have a compliance and ethics program that contains certain statutorily-required elements by March 23, 2013. The program must be effective in preventing and detecting criminal, civil, and administrative violations under PPACA and…
OSHA to Target Nursing Homes and Residential Care Facilities with Programmed Inspections
OSHA recently announced a new enforcement program targeting nursing home and residential care facilities. The program, effective a week-and-a-half ago, focuses OSHA compliance officers on inspecting nursing homes and assisted living facilities. More info. is available on Jackson Lewis’ OSHA Law Blog at the following link: http://www.oshalawblog.com/