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Forsythe v. Clark USA, Inc., 2007 Ill. LEXIS 434 (Ill. 2007). Two mechanics were killed at a refinery. Later, their estates filed suit against Clark Refining and Marketing, as well as other defendants including Clark USA. Plaintiffs alleged “that defendant breached a duty to use reasonable care in imposing its business strategy on Clark Refining […]

Lakeridge Villa Health Care Ctr. v. Leavitt, 2006 U.S. App. LEXIS 27338 (6th Cir. 2006). Lakeridge is an Ohio nursing home that participates in Medicare and Medicaid. When it was surveyed, it was found out of compliance with several provider requirements. It was fined a civil monetary penalty of $80,300. The fine was upheld and […]

Marmet Health Care Center v. Brown, 132 S. Ct. 1201 (2012). Marmet began as three seperate cases in West Virginia. In each case, a family member of a nursing home resident signed an admission agreement which included an arbitration clause buried within the text. The Plaintiffs argued the arbitration provision was void because it violated […]

Another Court Rules that NHRA is a toothless tiger (E.D. Mo.) Elgin James filed suit alleging that he developed bedsores due to nursing home negligence. Specifically, he alleged that the nursing home violated 42 C.F.R. § 483.25 which provides that a nursing home must prevent bedsores unless they are unavoidable. Following a line of cases […]

Elle

As a general rule, if a nursing home resident is eligible for Medicaid, then no one else can be sued for their nursing home bills. Specifically, 42 C.F.R. § 483.15(a)(3) provides: “The facility must not request or require a third party guarantee of payment to the facility as a condition of admission or expedited admission, […]

The head-to-toe assessment in nursing is an important physical health assessment that nurses perform. In a nursing home, 42 CFR § 483.21 requires development of a baseline care plan within 48 hours of admission. A comprehensive care plan must be developed within 7 days. 42 CFR § 483.20 provides that a facility must make a […]

O.C.G.A. § 31-8-80. Short title This article shall be known as the “Long-term Care Facility Resident Abuse Reporting Act.” O.C.G.A. § 31-8-81. Definitions As used in this article, the term: (1) “Abuse” means any intentional or grossly negligent act or series of acts or intentional or grossly negligent omission to act which causes injury to […]

On April 12, 2021, John Oliver explained the industry behind nursing homes and assisted living facilities, and why long-term care needs fixing. Long-Term Care: Last Week Tonight with John Oliver (HBO) – April 12, 2021

On April 8, 2021, the Center for Medicare and Medicaid Services rescinded three Covid 19 waivers. They were: The emergency blanket waivers related to notification of Resident Room or Roommate changes, and Transfer and Discharge notification requirements; The emergency blanket waiver for certain care planning requirements for residents transferred or discharged for cohorting purposes. The […]

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