Nursing Home Litigation

Arbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competency

In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court's determination that…

4 years ago

Medicaid Liens Revisited: Gallardo v. Marstiller

A new Medicaid lien case is pending in the U.S. Supreme Court. The question presented is "[w]hether the federal Medicaid…

4 years ago

Cameras in Nursing Homes: Can a Resident Install a Camera in her Room in a Nursing Home?

A nursing home resident's room is considered the resident's home. That's why people in nursing home are called "residents" instead…

4 years ago

Georgia Guardianship Code Grants a Guardian Authority to Enter Into a Binding Pre-Dispute Arbitration Agreement

In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC…

4 years ago

CMS Launches New Medicare.gov Tool to Compare Nursing Home Vaccination Rates

CMS Press Release 9/21/2021 The Centers for Medicare & Medicaid Services (CMS) is making it easier to check COVID-19 vaccination…

4 years ago

Arbitration: In Pending Case Before Georgia Supreme Court, Nursing Home Seeks to Compel Arbitration

On the Georgia Supreme Court's Argument Calendar for May 18, 2021 is Clinch Healthcare Center Et. Al. v. Fountain, As…

4 years ago

Researching Health Care Providers and Filing Complaints Against Them (Links)

The following links can be used to research health care providers and, if necessary, to file a complaint with State…

4 years ago

NORC Webinar regarding Tips for Identifying Trauma, Potential Abuse and Supporting Nursing Home Residents, June 18, 2021

On June 18, 2021, the National Ombudsman Resource Center will hold a webinar from 3:00 to 4:30 ET regarding resuming…

5 years ago

Nursing Home Litigation: Seeking Justice

Nursing home negligence is a violation of a standard of care, a violation of federal or state laws/regulations, or a…

5 years ago

Nursing Home Bibliography: 2006-2007

Statutory, Regulatory and Administrative References 42 U.S.C. ยง 1395i-3. Medicare: Requirements for, and assuring quality of care in, skilled nursing…

5 years ago