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Long Term Care & Senior Living Blog

We offer updates on national on regional issues such as malpractice defense, regulatory compliance, labor and employment issues and estate planning.

Long Term Care & Senior Living Blog
June 24, 2019

Recent Findings by Office of Inspector General Regarding Reporting of Potential Abuse and Neglect at Skilled Nursing Facilities

The Office of Inspector General (OIG) recently released the findings of an audit performed to determine the prevalence of incidents of potential abuse or neglect of Medicare beneficiaries residing in skilled nursing facilities (SNFs). Specifically, OIG looked at beneficiaries who resided in a SNF during 2016 and who also had a hospital emergency room (ER) Medicare claim containing a high-risk diagnosis code. 

Long Term Care & Senior Living Blog
November 22, 2016

CMS Final Rule – Completed Comprehensive Analysis by Sandberg Phoenix LTC Team

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.

Long Term Care & Senior Living Blog
November 14, 2016

Section 483.15 Admission, Transfer and Discharge Rights

Implementation Date: November 28, 2016¹Section 483.15 replaces section 483.12 and requires the facility to establish an admissions policy. Section (a)(2) states facilities cannot request or require residents or potential residents to waive their rights to Medicare or Medicaid benefits or any rights conferred by applicable state, federal and local licensing or certification laws. Section(a)(2)(iii) prohibits facilities from requesting or requiring residents or potential residents to waive facility liability for personal property losses.

Long Term Care & Senior Living Blog
October 29, 2016

CMS Final Rule – Section 483.70 Administration

Implementation Date: Phase 1 – November 28, 2016Perhaps the greatest attention of the CMS final rule changes has focused on the arbitration provision (§483.70(n)). Beginning November 28, 2016, all facilities enrolled in the Medicaid and Medicare program are prohibited from entering into pre-dispute arbitration agreements with any resident or resident’s representative. This provision creates a pre-condition to participation in the Medicare or Medicaid programs.

Long Term Care & Senior Living Blog
October 12, 2016

CMS Final Rule – Comprehensive Analysis by Sandberg Phoenix LTC Team

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.