Archives: Long Term Care

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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, … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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/… Continue Reading

Labor Board Considering Change to Long-Term Care Bargaining Units to Promote Unionization

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 … Continue Reading
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