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.
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On September 28, 2016, CMS created the “Arbitration Rule”, banning arbitration agreements in nursing home admission agreements. By creating this Rule, CMS took the position that, due to the inequality of bargaining power between potential nursing home residents and long term care facilities, those facilities could no longer require, or even offer, binding arbitration as part of the admission process or at any point prior to a dispute arising.
Anti-Kickback Update - HHS-OIG Settles Ambulance Swapping Case $3 Million Settlement from Nursing Home in Ambulance Swapping Case
Demonstrating the government’s commitment to combat health care fraud and keeping providers accountable, the U.S. Attorney’s office of Southern District announced that Regent Management Services L.P., a long term provider, agreed to pay approximately $3.199 Million to settle allegations that it received kickbacks from ambulance companies for referrals of Regent’s Medicare and Medicaid patients needing transport in exchange for free or reduced transport costs for its other patients from those ambulance companies.
Illinois is now one of four states to allow the installation of electronic monitoring devices in residents’ rooms in long-term care facilities. The bill was proposed by Attorney General Lisa Madigan, approved by the Illinois General Assembly, and signed into law by Governor Bruce Rauner. The bill takes effect on January 1, 2016.
Missouri state Representative, Andrew McDaniel, R-Deering, recently introduced House Bill No. 843 to the Missouri General Assembly which would allow monitoring devices in nursing homes across the state. “Monitoring device” is defined as “a surveillance instrument that broadcasts or records activity, but does not include a still camera.” Representative McDaniel stated that the reason for his proposal is that he “had a constituent call me and talk about different things about people with bedsores, not rolled over right, and stuff like that.”