On April 22, 2024, The Centers for Medicare & Medicaid Services (“CMS”) issued the “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency...more
The Centers for Medicare and Medicaid Services (“CMS”) almost certainly changed the Labor Day weekend plans for many policy analysts and others when it released its long-awaited minimum staffing Proposed Rule for long-term...more
AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more
Despite ample and specific guidance from the Centers for Medicare & Medicaid Services (“CMS”) dating back to 2015 regarding the measures nursing homes should take when assisting residents with Medicare Advantage (“MA”)...more
An incoming operator of a senior living facility should consider and mitigate risks of potential successor liability when agreeing to operate a new facility.1 This is particularly true when the former operator has filed for...more
7/20/2022
/ Asset Management ,
Assisted Living Facilities (ALFs) ,
Business Assets ,
Business Transfer Agreements ,
Commercial Bankruptcy ,
Elder Care ,
Elder Issues ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Senior Housing ,
Successor Liability
The Supreme Court, on May 2, 2022, granted certiorari to consider whether certain provisions in the Federal Nursing Home Reform Act (“FNHRA”) create rights that are federally enforceable by nursing home residents under 42...more
5/18/2022
/ 6 F4th 713 ,
Appeals ,
Bright-Line Rule ,
Certiorari ,
Elder Care ,
Federal Nursing Home Reform Act (FNHRA) ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Medical Malpractice ,
Nursing Homes ,
Patient Rights ,
SCOTUS ,
Spending Clause ,
Statutory Violations ,
Talevski vs. Health and Hospital Corporation of Marion County
In keeping with several states that have recently overhauled their assisted living laws, the Commonwealth of Kentucky has enacted sweeping changes to its regulatory framework for assisted living. Kentucky Senate Bill 11 (“SB...more
In light of surging COVID-19 cases occasioned by the highly transmissible Omicron variant and questions from nursing homes regarding whether to limit visitation, the Centers for Medicare and Medicaid Services (CMS) earlier...more
More than seven months in from the effective date of the new Medicare Part B Home Infusion Therapy (HIT) services benefit, opportunities abound for pharmacies enrolled as qualified HIT suppliers. But challenges remain,...more
With much fanfare earlier this month, mass media outlets touted revised guidance from the Centers for Disease Control and Prevention (CDC) that individuals who have been fully vaccinated can “skip” quarantine if they become...more
As long-term care facilities (“LTCFs”), such as nursing homes and assisted living facilities, implement plans for the immunization of their residents and staff, and as the first shipments of vaccine are being delivered across...more
In advance of the beginning of the holiday season, the Centers for Medicare and Medicaid Services (CMS) issued recommendations for keeping nursing home residents safe amidst the continuing Coronavirus pandemic while still...more
In a memorandum issued on September 28, 2020, the Centers for Medicare and Medicaid Services (CMS) provided clarification to health care providers regarding an exemption to emergency preparedness testing exercise requirements...more
The independent, 25-member Coronavirus Commission on Safety and Quality in Nursing Homes (Commission) convened earlier this year by the Centers for Medicare and Medicaid Services (CMS) to study lessons learned from the early...more
The Centers for Medicare and Medicaid Services (“CMS”) earlier this month issued a series of frequently asked questions (“FAQs”) regarding the point-of-care (“POC”) program to provide certain Medicare and Medicaid certified...more
The COVID-19 pandemic has thrust many long-term care providers, including nursing home, assisted living, and other health care providers, into uncharted waters, forcing them to secure adequate supplies of personal protective...more
As government agencies inch toward resumption of normal activities despite the continuation of the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (“CMS”) is following suit and announced that the agency has...more
Early statistics and data released by the Centers for Medicare and Medicaid Services (“CMS”) reveal the extent to which COVID-19 has affected Medicare beneficiaries generally and nursing home residents in particular....more
In a sure sign that the COVID-19 pandemic is far from over at least for nursing homes and other long-term care facilities, the U.S. Centers for Disease Control and Prevention (“CDC”) published revised guidance for testing...more
Although many states are beginning to relax stay-at-home and other restrictions in response to the novel coronavirus pandemic, the Centers for Medicare and Medicaid Services (CMS) continues to issue or revise COVID-19...more
After nearly a month without new or updated guidance for nursing homes and assisted living facilities (collectively, “LTCFs”), the Centers for Disease Control and Prevention (“CDC”), on May 14, released new guidance focused...more
The Quality, Safety & Oversight Group (QSOG) within the Centers for Medicare and Medicaid Services (CMS), issued a memorandum on April 24, 2020, which outlines temporary changes to the Nursing Home Compare website and Five...more
On March 12, 2020, an Appeals Panel of the United States Pharmacopeial Convention (“USP”) granted appeals to revisions of two compounding standards—General Chapter <795> Pharmaceutical Compounding – Nonsterile Preparation...more
A report by the U.S. Department of Health and Human Services, Office of Inspector General (OIG) finds that hospices did not always comply with the portion of the “hospice aide and homemaker services” condition of...more
Introduction -
When many long-term care providers first hear about USP General Chapter <800> Hazardous Drugs–Handling in Healthcare Settings (“USP 800”), they naturally confuse it with the final EPA hazardous...more