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CMS Proposes Minimum Staffing Standards for Long-Term Care Facilities

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

Considerations for Incoming Operators of Senior Living Facilities to Mitigate Risks With Distressed Former Operators: A Case...

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

Long-Term Care Facilities Brace for Additional OSHA Inspections Under Extended COVID-19 NEP

The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022, that it was extending “until further notice” its revised COVID-19 National Emphasis Program (“NEP”), which had been set to expire on July...more

CMS Clarifies Vaccine Mandate Survey Guidance

With all states now past the Phase 2 deadline established by the Centers for Medicare and Medicaid Services (“CMS”) with respect to the vaccine mandate for staff of Medicare and Medicaid certified health facilities, the...more

Kentucky Rewrites Its Assisted Living Law

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

Enforcement Update on CMS Vaccine IFR, OSHA Vaccine ETS, and OSHA Healthcare ETS

While most healthcare providers have been struggling with staffing during the holidays, the Centers for Medicare and Medicaid Services (“CMS”) has been active in providing an enforcement update on the Omnibus COVID-19 Health...more

Assisted Living Facilities Temporarily in a “Doughnut Hole” regarding Federal Vaccine Mandates

Although highly anticipated rulemaking by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) on November 4, 2021 to implement portions of the President’s COVID-19...more

OSHA Emergency Temporary Standard Promises Implementation and Compliance Challenges for Long-Term Care Facilities

The Occupational Safety and Health Administration (OSHA), on June 10, 2021, released a long-anticipated Emergency Temporary Standard (“ETS”) to protect workers that provide healthcare and healthcare support services from...more

CMS and CDC Update Guidance for Nursing Home Staff Testing and Work Restrictions

While attention regarding newly released guidance from the Centers for Medicare and Medicaid Services (CMS) and Centers for Disease Control and Prevention (CDC) on nursing home testing, visitation, and communal activities has...more

Georgia Re-Issues Phased Reopening and In-Person Visitation Guidance for ALFs and SNFs

The Georgia Department of Public Health re-issued guidance for long-term care facilities with respect to phased reopening and expansion of in-person visitation. This guidance was issued through an Administrative Order on...more

What Long-Term Care Providers Don’t Know About Respiratory PPE Can Prove Costly

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

CDC Provides Updated Guidance as Nursing Homes Begin to Ease Restrictions

In recognition that some nursing homes in states that are not experiencing a resurgence of COVID-19 cases are beginning to loosen restrictions, the Centers for Disease Control and Prevention (“CDC”) has quietly updated its...more

USP 800 to Present Significant Compliance Challenges for Long-Term Care Providers

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 pharmaceuticals rule (“EPA...more

[Webinar] Are You Ready? The Clock is Ticking to Comply with New EPA Hazardous Waste Pharmaceuticals Rule - May 2nd, 12:00pm ET

On February 22, 2019, the Environmental Protection Agency (EPA) published its final rule revising management standards for hazardous waste pharmaceuticals, which will take effect August 2019. Healthcare facilities that...more

New Hazardous Waste Pharmaceuticals Rule: Significant Changes Coming for Health Care Facilities, Particularly Long-Term Care...

Health care facilities that provide a host of health care-related services or distribute, sell, or dispense pharmaceuticals will need to learn a whole new set of regulations thanks to a finalized new rule promulgated by the...more

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