Plaintiff filed a malpractice and wrongful death action against the nursing home and other defendants alleging that resident’s death was a direct and proximate cause of violations of Ohio law and of 42 U.S.C. § 483, et seq. Defendants removed the action to federal court and Plaintiff filed a motion for remand. Finding that there is no private right of action created or implied in the Medicaid Act or its regulations, no federal question was brought and remand was mandated. Decided April 5, 2007.
After Medicaid eligibility is established, 42 C.F.R. § 435.725 addresses how income is treated. For…
In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara…
From time to time federal regulations covering nursing home quality of care are updated. Thus…
Nursing homes that accept Medicare or Medicaid are required to comply with quality of care…
On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers…
Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to…