Category Archives: Long Term Care

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OIG Advisory Opinion No. 12-17

The OIG recently issued an interesting advisory opinion related to a hospital based hospice agency's intent to establish a volunteer program to provide non-skilled services to terminally ill patients who do not qualify for hospice care. Read the full text of the OIG opinion here: https://oig.hhs.gov/fraud/docs/advisoryopinions/2012/AdvOpn12-17.pdf… Continue Reading

LeadingAge PA Conference Time Well Spent With Long Term Care Colleagues

I recently enjoyed the opportunity to connect with non-profit aging services providers from across Pennsylvania at the LeadingAge PA Annual Conference & Exposition in Hershey, PA.  As a licensed nursing home administrator for over ten years, I am all too familiar with the challenges faced by those whose mission is to provide care and services … Continue Reading

Pennsylvania Superior Court Affirms Judgment for Nursing Home under Relatives Liability Statute

            The Superior Court of Pennsylvania recently affirmed a lower court’s judgment entered in favor of a nursing home in a case under the Relatives Liability statute. Liberty Nursing & Rehabilitation Center filed a filial support action against a former resident’s son for the resident’s unpaid bills after the resident’s discharge in 2008. The parties submitted the … Continue Reading

Scampone v. Grane Healthcare: Nursing Home Liability

  In Scampone v. Grane Healthcare Company and Highland Park Care Center, the Superior Court of Pennsylvania reversed and remanded the trial court decision regarding nursing home liability, holding that a nursing home, just like a hospital or health maintenance organization, could be subject to corporate liability for negligence, in addition to vicarious liability for … Continue Reading

CMS Proposes Nursing Home Voluntary Disclosure Rules

On July 12, 2010 CMS published the proposed rules to implement the 50% Civil Money Penalty (CMP) reductions for nursing homes that self-report compliance violations. The potential for the 50% reductions was enacted by Section 6111 of the Patient Protection and Affordable Care Act (PPACA), and is available under the following conditions: 1.         The nursing home … Continue Reading

Pennsylvania’s Health Care Facilities Act

Contributed by Nora E. Gieg, Esquire ngieg@tuckerlaw.com or 412.594.3940  Pennsylvania’s Health Care Facilities Act, as amended, requires the Pennsylvania Department of Health to license home care agencies and home care registries. Home care agencies and registries respectively employ and refer direct care workers who provide home care services. Home care services include assistance with bathing, … Continue Reading

2010 OIG Work Plan: Top 10 Areas of Scrutiny

The following is the Med Law Blog’s Top 10 List for Areas of Interest in the OIG 2010 Work Plan for physicians and providers, which will draw particular scrutiny next year: 1.         Medicare Incentive Payment for E-Prescribing 2.         Practice Expense Components of Diagnostic Imaging 3.         Outpatient Physical Therapy Services by Independent Therapists 4.         Place of … Continue Reading

Managing H1N1 Employment and Leave Issues

With cases of the H1N1 Virus continuing to increase, employers’ concerns about the H1N1 virus and seasonal flu are mounting.  Employers are facing workplace and leave issues and many are developing written H1N1 and contagious disease policies to help minimize the negative effects an influenza outbreak could have on their business. Anticipating many questions from employers, the … Continue Reading

Kaiser Family Foundation Publishes 50 State Health Facts

The Kaiser Foundation has recently updated its website: www.statehealthfacts.org. The site has an amazing collection of state health facts, including Medicare reimbursement rates and Medicare participation rates, which are often the subject of significant speculation. The site has been added as a link on the Med Law Blog and I recommend you peruse it.… Continue Reading

Recovery Act and Health Information Technology Now Available on the CMS Website!

A new website is now available from the Centers for Medicare & Medicaid Services (CMS) concerning Health Information Technology as provided for in the American Recovery and Reinvestment Act of 2009.  On this website, you can find information pertaining to the Medicare and Medicaid incentives for electronic health records adoption and important links to related … Continue Reading

The Red Flag Rules: New Requirements May Affect Private Practice Collection Policies

The Federal Trade Commission issue the Red Flag Rules on November 9, 2007. The effective date of the Red Flag Rules is August 1, 2009. Under the Red Flag Rules, a "creditor" that offers or maintains "covered accounts" must develop and implement and identity theft protection program to detect, prevent and mitigate identity theft. To … Continue Reading
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