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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 26, 2021, in a letter to Senators Brown, Casey, Hassan, and Representative Dingell, the National Academy of Elder Law Attorneys (NAELA) commented on the Home and Community-Based Services (HCBS) Access Act. Among other comments, NAELA supported the proposal’s expansion of the criteria for being medically eligible for Medicaid HCBS. One suggestion was including […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles

Many people believe Medicare will pay for their long-term care costs. That’s not true. Medicare will pay for UP TO 100 days if you had a qualifying hospital stay, if you are discharged to a nursing home for skilled therapy, and then only while you’re receiving skilled therapy. See Center for Medicare Advocacy, Medicare Skilled […]

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On April 8, 2021, the Center for Medicare and Medicaid Services rescinded three Covid 19 waivers.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 […]

When is it time for day care or a nursing home?

elder law resources - ABLE Accounts

“With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a generous funding boost for home- and community-based care as an alternative to institutionalizing disabled people.” However, funding for the current bill is temporary, “raising concerns it will have just fleeting impact…” For the full story, […]

This case involves an insurance coverage dispute after Freddie Mae Burns died at Leland Health Care Center, a 128 bed skilled nursing facility, due to excessive heat. Teresa Johnson, administrator and former director of nursing, was responsible for controlling the HVAC settings and failed to set them properly during a heat wave. Leland Health Care, […]

Jury returned a defense verdict and Plaintiff appealed challenging two issues concerning the exclusion of evidence. Plaintiff contended it was error to exclude evidence that another resident inappropriately touched the resident, as well as evidence of subsequent similar acts. Plaintiff also argued that the trial court erred by going forward with the trial while there […]

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