Valid Reasons for an Involuntary Nursing Home Discharge One thing that strikes fear in the hearts of families caring for loved ones in a nursing home is a notice of involuntary discharge. If the nursing home accepts Medicaid or Medicaid, or both, then there are only six legal reasons for an involuntary discharge. Since virtually […]
Blog
Moratorium on Nursing Home Staffing Standards On July 4, 2025, the One Big Beautiful Bill Act was signed into law. One of its provisions placed a moratorium on the Biden Era minimum staffing standards for nursing homes. Specifically, Section 71111 of the OBBBA provides: Subchapter B—Preventing Wasteful Spending SEC. 71111. MORATORIUM ON IMPLEMENTATION OF RULE […]
The Veteran’s Administration (the VA) makes long-term care support available for qualifying veterans in several ways. VA Community Living Centers (CLCs) CLCs are VA owned and operated. Veterans can receive nursing level care, including assistance with activities of daily living. Veterans are encouraged to make their rooms feel home-like by decorating their rooms and they […]
From time to time federal regulations covering nursing home quality of care are updated. Thus far, the following updates have been published in May and June of 2024. Updates posted May 10, 2024 42 CFR Part 483 — Requirements for States and Long Term Care Facilities view changes § 483.5 Definitions. view changes § 483.10 […]
Nursing homes that accept Medicare or Medicaid are required to comply with quality of care regulations. Although we have blogged elsewhere on specific nursing home resident rights, the current federal regulations are linked below. 42 CFR Part 483 — Requirements for States and Long Term Care Facilities § 483.5 Definitions. § 483.10 Resident rights. § […]
Long-Term Care Partnership Policies One example of good planning is purchasing long-term care insurance. The greatest risk to non-taxable estates (those under $12.9 million) is the cost of long-term care. With long-term care insurance, you can shift that risk to an insurance company. A partnership policy is a special long-term care insurance policy that protects […]
[Note: Section 71111 of The One Big Beautiful Bill Act placed a moratorium on enforcement of the nursing home minimum staffing standards through September 30, 2024] On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final rule requiring minimum staffing levels in nursing homes. The new rule applies to all […]
On April 1, 2024, the Washington Post published an article titled “Algorithms guide senior home staffing. Managers say care is suffering.” The article indicates that a system, called Service Alignment, was developed more than two decades ago when assisted living facility (ALF) executives began timing caregivers performing tasks. That data was fed into a computer […]
In February 2024, Justice in Aging released a new report based on California’s “performance measure” data from the state’s Medicaid assisted living program. Aging in Justice concluded that the quality of care measures provide no meaningful information. A perfect score tells you nothing about the quality of care residents receive. The report concludes that the […]
For many years, Genworth has produced a Cost of Care Survey tracking the cost of long-term care in America. According to the survey, the projected national monthly median costs will be as follows: Homemaker Services: $5,417 Home Health Aide: $5,625 Adult Day Health Care: $1,847 Assisted Living Facility: $4,917 Nursing Home Semi-Private Room: $8,641 Nursing […]
In Jones v. Life Care Centers of America (Tenn .Ct. Appeals 2023), a cognitively impaired resident was assisted in the shower by staff. While doing so, the employee took a call from her incarcerated boyfriend which showed the resident’s nude body. The assisted living facility moved for summary judgment after alleging the resident showed no […]
Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they don’t do the right thing? What if they are negligent? Should you have the right to consider your options regarding how to hold them accountable? Over the past two decades, many long-term care providers, especially […]
Last year we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC) was headed to the Supreme Court. On June 8, 2023, the U.S. Supreme Court issued its opinion, affirming the Seventh Circuit, and held that the Federal Nursing Home Reform Act (FNHRA) is enforceable under 42 U.S.C. § 1983. Justice Jackson […]
Medicare includes a nursing home benefit of up to 100 days following a qualifying hospital stay. The Medicare rehabilitation benefit is per spell of illness. On reason we say “up to” is because the Medicare benefit is a rehabilitation benefit and it ends when the need for skilled therapy ends. Historically, that meant Medicare coverage […]
On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) amended 42 C.F.R. § 483.80 (infection control) and § 483.430 (Condition of participation: Facility staffing) to remove expired COVID-19 provisions. See 88 FR 36485. The specific amendments are: Section 483.80 is amended by removing paragraphs (h) and (i). Section 483.430 is amended by […]
The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also includes anything else we found interesting during the month of June, 2023. We will continue updating from time to time throughout the month. Last updated 6/8/2023. Keep in mind, you are using linked content at […]
Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. Everyone knows staffing is the most significant issue when determining whether your loved one gets the care he or she needs. Staffing levels have a direct impact […]
There are many types of “Plaintiff’s cases.” This article focuses on injury cases. Injury cases can be as simple as a car wreck or as complex as a medical malpractice case. Regardless, they generally require four essential elements: duty, breach of duty, causation, and damages. See Calhoun First Nat’l Bank v. Dickens, 264 Ga. 285 […]
Like all insurance, long-term care insurance policies are designed to cover risk. With these policies, the risk is that you will need custodial care such as in-home care, assisted living care or nursing home care. The best thing about these policies is that they create a pool of someone else’s money you can use to […]
On December 9, 2022, the Center for Medicare Advocacy and the National Association for Home Care & Hospice announced development of a new hospice resource. The resource is entitled “Questions to Ask When Choosing a Hospice.” You can access this resource on the CMA page or the NAHCH page.
Nursing home residents have the right to who they will spend time with and how they will spend it. Specifically, 42 C.F.R. § 483.10(f)(1) – (3), (8) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including but not limited to the rights […]
Nursing home residents have a right to refuse unnecessary transfers within the facility. Specifically, 42 C.F.R. § 483.10(e)(7) and (8) provides that the resident has a right to be treated with respect and dignity, including: (7) The right to refuse to transfer to another room in the facility, if the purpose of the transfer is: […]
Nursing home residents have a right to share a room with whomever they wish as long as both residents agree. Specifically, 42 C.F.R. § 483.10(e)(4) – (6) provides that the resident has a right to be treated with respect and dignity, including: (4) The right to share a room with his or her spouse when […]
Nursing home residents have a right to reasonable accomodation of needs and preferences. 42 C.F.R. § 483.10(e)(3) provides that the resident has a right to be treated with respect and dignity, including: (3) The right to reside and receive services in the facility with reasonable accommodation of resident needs and preferences except when to do so […]
42 C.F.R. § 483.10(e)(2) provides that the resident has a right to be treated with respect and dignity, including: (2) The right to retain and use personal possessions, including furnishings, and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents. Appendix PP: All residents’ […]
Nursing home residents have the right to visitation. Specifically, 42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including but not limited to the rights specified in paragraphs (f)(1) through (11) of this section. (4) The resident has a […]
Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information and to socialize, and rights concerning financial matters. Specifically, 42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including […]
Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information and to socialize, and rights concerning financial matters. Specifically, 42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including […]
Nursing home residents have the right to choose his or her attending physician. The physician must be licensed to practice, and if the physician chosen by the resident refuses to or does not meet requirements specified in this part, the facility may seek alternate physician participation as specified in paragraphs (d)(4) and (5) of this […]
Appendix PP provides the following additional guidance regarding treatment of residents with impaired, or potentially impaired decision-making capacity: Definitions: “Court of competent jurisdiction” means any court with the authority to hear and determine a case or suit with the matter in question. “Resident representative” For purposes of this subpart, the term resident representative may mean […]
Appendix PP provides the following guidance regarding a resident’s right to self-administer medications as provided in 42 C.F.R. §483.10(c)(7). If a resident requests to self-administer medication(s), it is the responsibility of the interdisciplinary team (IDT) (as defined in §483.21(b), F657, Comprehensive Care Plans) to determine that it is safe before the resident exercises that right. […]
Nursing home residents have the same right to participate in the informed consent process as any other patient. 42 C.F.R. § 483.10(c) provides: The resident has the right to be informed of, and participate in, his or her treatment, including: (1) The right to be fully informed in language that he or she can understand […]
Nursing home residents have a right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States. Speficially, the facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility. The resident has the […]
Nursing home residents have a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility, including those specified in this section. A facility must treat each resident with respect and dignity and care for each resident in a manner and in an environment that promotes […]
42 C.F.R. § 483.5 defines the following terms: Abuse Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish. Abuse also includes the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, and psychosocial […]
Nursing homes, also called skilled nursing facilities, provide a wide range of health and personal care services. Their services focus on medical care more than most assisted living facilities. These services typically include nursing care, 24-hour supervision, three meals a day, and assistance with everyday activities. Rehabilitation services, such as physical, occupational, and speech therapy, […]
In our August 26, 2022, News Roundup, we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC) was headed to the Supreme Court. The case concerns the rights of nursing home residents. The Plaintiff argued the nursing home violated his rights under the Federal Nursing Home Reform Act (FNHRA). The nursing home […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
Taking over a case started by someone else is never my preference. It’s far easier to do something correctly the first time. So what do you do when you’re brought in to fix a case. You pray! First, if someone hires you and no decision has been made, review the file. If there is an […]
Carol and Wilbur Post are typical Elder Law clients. Carol married Wilbur more than forty years ago. Recently, Wilbur’s health declined. Wilbur has dementia and is living on Planet Alzheimer’s. Wilbur hears voices, especially when he wanders near the Post’s barn. Wilbur needs assistance with activities of daily living. Carol recently admitted Wilbur to Valley […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Sometimes nursing home residents want to leave the nursing home to visit family or just get some fresh are. So can they do that while Medicare is paying for skilled therapy. This question was address in a November, 2019, blog post by the Center for Medicare Advocacy. The article cites footnote of the Medicare Benefit […]
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
