Long Term Care & Senior Living Blog

On April 22, 2024, CMS issued the Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting final rule.The final rule was issued a little over seven months after the proposed rule was submitted by CMS on September 6, 2023. During this seven-month period, CMS reported reviewing over 46,000 public comments submitted in response to the proposed rule.

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.

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.