We offer updates on national on regional issues such as malpractice defense, regulatory compliance, labor and employment issues and estate planning.
On May 28th, the Illinois Department of Public Health (“IDPH”) issued emergency rules requiring state nursing homes develop plans to test both employees and residents as recommended by CMS.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its first set of workplace guidelines directed to nursing homes since the beginning of the COVID-19 pandemic.
The Centers for Medicare and Medicaid Services (CMS) advised in June that it was going to back off its prior position on prohibiting nursing homes from including arbitration provisions in admission contracts. CMS has reversed its prior position and is currently drafting a new rule, which would allow pre-occurrence arbitration agreements to stand. The Fair Arbitration Now Coalition, the AARP, and other elderly advocacy groups are against CMS’ new position.
In Sanford v. CenturyTel of Missouri, LLC, d/b/a CenturyLink, No. SC95465 (Mo. en banc 2016), the Missouri Supreme Court recently held that an order denying a motion to compel arbitration is immediately appealable. The order denying arbitration must be appealed within 10 days from entry to avoid waiting for a final judgment after trial to challenge the denial. Missouri Revised Statute § 435.440 states that an appeal may be taken from an order denying an application to compel arbitration.
In light of concerns that patient photographs are showing up on social media networks and other multimedia messaging, CMS issued guidance to State Survey Agency Directors. S&C: 16-33-NH dated August 5, 2016, effective immediately, addresses the need for nursing homes to protect residents’ privacy. CMS stresses the importance to recognize each resident’s sense of self-worth and to create a respectful environment.