Charges are expected to be filed against the Administrator of a nursing home and three of its nurses following the deaths of 12 residents of the Rehabilitation Center at Hollywood Hills in Hollywood, Florida in the aftermath of 2017’s Hurricane Irma. The charges are anticipated to include manslaughter charges.
We offer updates on national on regional issues such as malpractice defense, regulatory compliance, labor and employment issues and estate planning.
Proposed “Arbitration Fairness Act of 2017” Continues Trend to End the Enforcement of Pre-Dispute Arbitration Agreement
Senator Al Franken of Minnesota and Rep. Hank Johnson of Georgia have introduced the Arbitration Fairness Act of 2017. This bill, if enacted, would amend the Federal Arbitration Act (FAA) by adding a new chapter invalidating agreements that require arbitration of employment, consumer, antitrust or civil rights disputes entered into before a dispute arises. Senator Franken’s description of the bill acknowledges that “arbitration can be a suitable alternative to litigation if the consent to arbitration is truly voluntary and occurs after the dispute arises...”
The Centers for Medicare & Medicaid Services has unveiled two new websites for consumers that include information comparing rehabilitation facilities and long-term care facilities. CMS says that these websites are optimized for mobile use. The sites are located at medicare.gov/inpatientrehabilitationfacilitycompare/ and medicare.gov/longtermcarehospitalcompare/
The past few weeks have been busy ones for the Sandberg Phoenix & von Gontard Long-Term Care and Senior Living team as we have collectively analyzed and blogged about each of the revisions to the federal nursing home regulations. These revisions to 42 CFR 483(B) are the first comprehensive updates since 1991 and address the requirements Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs.
Over the next few weeks, the Sandberg Phoenix Long-Term Care and Senior Housing Team will be rolling out its analysis of the new CMS Final Rule revising the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. We will address each revision and how it impacts both the care provided to residents and how that care is to be provided.