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 […]
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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 […]
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 nursing homes that receive funds from Medicare or Medicaid. Nursing homes must provide at least 3.48 hours of care per resident per day. This consists of […]
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 […]
