Skip to Content

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
May 27, 2020

OSHA Guidance to Nursing Homes

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.

Long Term Care & Senior Living Blog
September 11, 2017

CMS Changes Position to Support Arbitration Agreements in Long Term Care Settings

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. 

Long Term Care & Senior Living Blog
November 7, 2016

Appeal From Order Denying Arbitration Must Be Filed Within 10 Days

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.

Long Term Care & Senior Living Blog
August 11, 2016

New CMS Guidance Protecting Patient Privacy in Nursing Home

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.