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

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,

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

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

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 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/

In a move seen to make union organizing easier, the National Labor Relations Board has signaled it may be changing its  standards for long-term healthcare bargaining units so that narrow groups of nursing and assisted living facility employees can be approved for NLRB elections and collective bargaining.  It has invited interested parties to file amicus