LexisNexis® Legal Newsroom
Harkness on Enforceability of Nursing Home Arbitration Agreements

Inclusion of arbitration agreements within nursing home admissions contracts is a growing trend, and arbitration is being used by long term care providers as a means to keep malpractice and other negligence claims from coming before a jury. In this Commentary, Donna S. Harkness discusses the litigation...

America's Best Nursing Homes

A recent U.S. News & World Report article provided rankings of America's Best Nursing Homes. The federal Centers for Medicare and Medicaid Services (CMS) collects data on nursing homes and rates them in its Nursing Home Compare program, with over 15,000 nursing homes ranked. CMS's...

Love May Not Be Enough: Forced to Divorce to Pay for Long-term Care

Divorce rates in the U.S. have skyrocketed over the past few decades, even among those over age 65 years of age. Elder law attorneys suspect that issues regarding money may be to blame for the rising divorce rates among the elderly. Instead of fighting over money, however, older people who divorce may...

US News and World Report releases study of U.S. nursing homes

View the US News and World Report Survey of Nursing Homes Others discussing this hot topic include: McKnights, Long-Term Care News and Assisted Living Walton Law Firm's California Nursing Home Abuse Lawyer Blog

Illinois Attorney General Leads South Side Nursing Home Sweep

Illinois Attorney General Lisa Madigan led law enforcement officials in the latest raid of a Chicago nursing home facility. In the unannounced visit, three felons were arrested at Presidential Pavilion. Others discussing this hot topic include: Chicago Tribune Levin and Perconti's Illinois...

Greene v. County of Sonoma et al.: Sonoma County Separates Elderly Gay Couple

Recently, Clay M. Greene, a 78-year-old gay man from Sebastopol, CA., filed a lawsuit against Sonoma County, accusing the County of, among other claims, elder abuse, elder financial abuse, and violation of the Patient's Bill of Rights. Mr. Greene filed the lawsuit after the County allegedly isolated...

Civil penalty regulations proposed for nursing homes failing Medicare/Medicaid requirements

SUMMARY: This proposed rule would revise and expand current Medicare and Medicaid regulations regarding the imposition and collection of civil money penalties by CMS when nursing homes are not in compliance with Federal participation requirements in accordance with the Patient Protection and Affordable...

3 Questions To Consider When Pre-Planning For A Nursing Home

By Sabrina Winters The decisions regarding placing a family member into a nursing home are some of the toughest that a spouse, child or family member will be faced with. The decision is not just based on finances, but is deeply rooted on emotions... which by the way are not consistent day to...

OIG Report: Medicare / Nursing Home Payments that Exceed National Norms Raise Fraud Concerns

From the Office of Inspector General: Payments for Medicare Part B Services During Non-Part A Nursing Home Stays in 2008 Summary We found that Medicare paid $4.9 billion in 2008 for Part B services during nursing home stays not paid for by Part A (hereinafter referred to as non-Part A...

Eradicating Elder Abuse in California Nursing Homes

By Linda K. Chen * * J.D. Candidate, Santa Clara School of Law, 2012. Excerpt from Eradicating Elder Abuse in California Nursing Homes, 52 Santa Clara L. Rev. 213 (2012) Introduction For weeks, three certified nursing assistants (CNAs) at a California nursing home physically assaulted and sexually...

NY Times Article, Fewer Beds for Men Entering Nursing Homes

By David W. Tate The following is a link to a New York Times article re fewer beds for men entering nursing homes. According to the article, nursing homes like the elderly population are heavily female. Since Medicaid will only pay for a two-person semiprivate room, and a female will not be placed...

Article Says Nursing Home Care Improves, but a Huge 35% Receive the Lowest Rankings

By David W. Tate According to the following article nursing home care is improving based on federal inspections, Click Here , but nursing homes that receive only one and two stars out of a total possible five stars still stands at a huge 35%, and nursing homes that received only one, two or three...

Duane Morris LLP: ACOs and Long-Term Care: Don't Get Left Behind

With the U.S. Supreme Court decision ratifying President Obama's Patient Protection and Affordable Care Act (the "Affordable Care Act"), the implementation and development of accountable care organizations (ACOs) continued in full force this past summer. While most are likely to agree that...

Duane Morris LLP: Deadline Looming (March 23, 2013) for Nursing Facilities to Have "In Operation" an "Effective Compliance and Ethics Program"

On March 23, 2013, it will have been three years since President Obama signed the Patient Protection and Affordable Care Act (ACA) into law. This date is a significant one for the nursing home industry, not because it marks the third anniversary of the ACA, but because it marks a key deadline. As the...