A nursing home resident’s room is considered the resident’s home. That’s why people in nursing home are called “residents” instead of patients. In a nursing home, the resident controls, among other things, when visitors can come and who can visit. Generally, it’s legal to film or record in your own home without the consent of […]
In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC v. Fountain, 355 Ga. App. 176, 183 (1) (843 SE2d 605) (2020), finding that the Georgia Guardianship Code grants a guardian authority to enter into a binding pre-dispute arbitration agreement. The Clinch County Probate Court […]
CMS Press Release 9/21/2021 The Centers for Medicare & Medicaid Services (CMS) is making it easier to check COVID-19 vaccination rates for nursing home staff and residents with a new feature on Medicare.gov. Today’s announcement makes vaccination data available in a user-friendly format to help people make informed decisions when choosing a nursing home for […]
On the Georgia Supreme Court’s Argument Calendar for May 18, 2021 is Clinch Healthcare Center Et. Al. v. Fountain, As Administrator of the Estate of LeRoy Wiggins (S20G1292). The Court’s Summary is as follows: A nursing home and its owners are appealing a Georgia Court of Appeals decision that upheld Cobb County State Court’s denial […]
The following links can be used to research health care providers and, if necessary, to file a complaint with State licensing boards and boards of certification: Complaint and Discipline Process for Nurses (Powerpoint by Georgia Board of Nursing) Contact Information For Filing a Complaint with the State Survey Agency (CMS.gov) Do your research about your doctor or […]
On June 18, 2021, the National Ombudsman Resource Center will hold a webinar from 3:00 to 4:30 ET regarding resuming in-person visits during Covid 19. It will feature tips for identifying trauma, potential abuse and supporting residents. Dr. Laura Mosqueda, a national and international expert on elder abuse and neglect, will provide tips for Ombudsman […]
Nursing home negligence is a violation of a standard of care, a violation of federal or state laws/regulations, or a violation of a resident’s rights. Nursing home residents deserve better. They have a right to appropriate care that meets professional and legal standards. In this short video, Lance Lourie explains why nursing home litigation is […]
Statutory, Regulatory and Administrative References 42 U.S.C. § 1395i-3. Medicare: Requirements for, and assuring quality of care in, skilled nursing facilities 42 U.S.C. § 1396r. Medicaid: Requirements for nursing facilities. 42 C.F.R. § 483.1 to 483.95. Requirements for Long Term Care Facilities. Proposed Rules, 71 F.R. 62957 (10/27/2006), Medicare and Medicaid Program; Fire Safety Requirements […]
Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005). Maria Rubio was a nursing home resident suffering from Alzheimer’s disease. While in the nursing home she was sexually assaulted by another resident. Suit followed alleging a failure to protect. Plaintiff alleged that the sexual assault was not a professional negligence claim that was […]
United States ex rel. Szymczak v. Covenant Healthcare Sys., 2006 U.S. App. LEXIS 32112 (7th Cir. 2006). James Szymczak brought a qui tam action against a hospital and nursing home alleging that fraudulent Medicare claims were filed and payment was received for unnecessary, unrendered, misrepresented, and unreimbursable services in violation of the False claims act […]
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