Lawsuit

MS assisted living worker fired on first day due to pregnancy, government charges

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An assisted living facility in Mississippi fired a worker hours after she started on the job because of her pregnancy, according to a lawsuit filed Thursday by the Equal Employment Opportunity Commission.

Preventing difficult family situations

Preventing difficult family situations

From a psychological perspective, here are some ideas to prevent or reduce disagreements with residents and their family members over care, thereby decreasing the likelihood that a situation will result in legal action.

God help providers accused of religious discrimination

God help providers accused of religious discrimination

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There was a time when reading Gary Larson's "The Far Side" was an essential part of my daily routine. Yes, the now-defunct strip was a bit quirky, but it was almost always good for a laugh.

Residents have refused meds, tried to flee secure unit since talking to surveyor, nursing home charges

Residents have refused meds, tried to flee secure unit since talking to surveyor, nursing home charges

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An Ohio nursing home has been trying to care for residents who became defiant after speaking with a state inspector, according to legal charges reported Monday by Courthouse News Service.

Nursing home did not warn worker who was taken hostage in active shooter drill, lawsuit alleges

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A nurse at a Life Care Centers of America facility in Colorado was not notified that she would be threatened and taken hostage by a gunman as part of an active shooter drill, according to a lawsuit filed Tuesday.

Nursing home cannot use Medicaid payment structure to evade 'worthless services' charges, federal court rules

Nursing home cannot use Medicaid payment structure to evade 'worthless services' charges, federal court rules

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A nursing home cannot cite Medicare and Medicaid payment methods to escape charges that it provided "worthless services," a federal judge recently ruled in a False Claims Act case.

ManorCare sues podiatry services provider over historically large hepatitis outbreak

ManorCare sues podiatry services provider over historically large hepatitis outbreak

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HCR ManorCare has sued Trinity Health after analysis suggested an association between a large hepatitis C outbreak and podiatry and blood draw services that the skilled nursing company contracted with Trinity for, according to local reports.

Omnicare reaches $124 million settlement in nursing home kickbacks case

Omnicare reaches $124 million settlement in nursing home kickbacks case

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The nation's largest long-term care pharmacy has agreed to a $124 million settlement over claims of kickbacks to nursing homes in the form of price breaks on certain drugs, the U.S. Department of Justice announced Wednesday.

Former caregivers sue CA facility for hour and wage violations

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Former caregivers filed a class action lawsuit against one of the nation's largest provider of post-acute care services for alleged failure to pay minimum wage and overtime, among other claims.

Jury hands down $3.3 million verdict against CO nursing home in negligence case

Jury hands down $3.3 million verdict against CO nursing home in negligence case

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An 82-year-old skilled nursing facility resident and his family have been awarded $3.3 million by a Colorado jury after finding the Pueblo-based Belmont Lodge Health Care Center guilty of negligence.

Not keeping promises can lead to much more than a tarnished reputation

Not keeping promises can lead to much more than a tarnished reputation

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In the fierce daily battle to keep beds and units occupied, it can be tempting to fudge a wee bit about your ability to provide care. Here's my advice: Resist the temptation.

Strippers hired at NY nursing home, violated resident's rights, lawsuit alleges

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The son of a nursing home resident says he found a photo of a male stripper gyrating above his 86-year-old mother, and was told it reflected part of an "entertainment event" for residents. That has led to a lawsuit against East Neck Nursing & Rehabilitation Center in West Bablyon, NY.

Provider denies it worked a nurse to death, but will court agree?

Provider denies it worked a nurse to death, but will court agree?

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Long-term care workers, particularly nurses, might complain or even joke about it: I'm being worked to death. But now a dead nurse's family is testing such an assertion in court.

Stiffing the help just doesn't add up

Stiffing the help just doesn't add up

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Depending on the numbers you choose to believe, senior living profit margins are a razor thin 3% — or more like 20%. Regardless, many would like to believe operators are engaging in a fairly despicable business practice: intentionally underpaying the help.

Judge dismisses observation stay lawsuit

Judge dismisses observation stay lawsuit

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A Connecticut federal court judge has dismissed a lawsuit brought by a group of 14 Medicare beneficiaries denied skilled nursing care coverage after a hospital stay.

Emeritus settles $2.2 million lawsuit

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Emeritus Senior Living has agreed to settle a $2.2 million lawsuit in which workers claimed they were routinely underpaid at the assisted living company's California facilities, according to a ProPublica report.

PharMerica faces False Claims lawsuit

PharMerica has been charged in a False Claims Act lawsuit by the federal government.

Government whistleblower lawsuit: PharMerica improperly dispensed, billed for narcotics

Government whistleblower lawsuit: PharMerica improperly dispensed, billed for narcotics

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Long-term care pharmacy company PharMerica dispensed controlled narcotics without valid prescriptions and billed Medicare for the drugs, the federal government has charged in a False Claims Act lawsuit.

Florida jury hands down $1.1 billion award in nursing home lawsuit

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A jury has awarded $1.1 billion in damages to the family of a Florida woman who received poor nursing home care prior to her death in 2007. The amount is believed to be one of the highest ever leveled against a nursing home.

Still fighting $90 million verdict, HCR ManorCare settles a second negligence lawsuit in West Virginia

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Following a $90 million verdict against one HCR ManorCare nursing home in West Virginia, a different company facility in the state recently settled a wrongful death lawsuit under confidential terms. The spotlight shifted the focus from Heartland of Charleston, the facility involved in the $90 million lawsuit, to Heartland of Martinsburg.

Skilled nursing company Medicalodges faces charges of withholding overtime pay

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A former employee of Medicalodges Inc. recently filed a lawsuit against the skilled nursing provider, alleging that the company does not properly compensate workers.

Nursing home faces trailblazing lawsuit over asking workers for family medical histories

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A nursing and rehabilitation center violated federal law by asking for workers' family medical history, a government lawsuit alleges. The suit is one of the first of its kind.

When keeping thousands costs millions

When keeping thousands costs millions

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As any retailer will tell you, advising customers to shop elsewhere is never easy. Yet that is exactly what too many senior living operators should be doing - but won't.

Kentucky lawsuit clarity: Better than bourbon

Kentucky lawsuit clarity: Better than bourbon

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Kentucky may well be remembered for something better than its bourbon and horse races. In early February, the Kentucky Senate passed a bill where the claimants have to go before a review panel prior to filing suit against a nursing home.

$10 million therapy-provider kickback case may proceed, judge says

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A False Claims Act lawsuit involving a nursing home chain and therapy providers in Missouri can move forward, a federal judge has ruled. The case originated when a whistleblower alleged that a therapy company received more than $10 million in kickbacks as part of a scheme to overbill Medicare and Medicaid.

Nursing homes are hospitals' silent cheering section on this one

Nursing homes are hospitals' silent cheering section on this one

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It's interesting how competition can make strange bedfellows. Nursing homes and hospitals, for example, are next-door-neighbors on the caregiving block. We all know who has the bigger house on this block, and it often creates resentment.

Long-term care providers: plenty of reasons to look over the shoulder

Long-term care providers: plenty of reasons to look over the shoulder

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As if sobering news weren't in deep enough supply for long-term care providers, we've been reminded again why the threat of getting sued usually lingers in the back of the mind.

Omnicare drops bid for PharMerica

Omnicare has officially ended its attempt to absorb PharMerica Corp. The reversal comes less than a month after federal regulators attempted to block the deal. Officials said the merger would have created an institutional pharmacy company that reaches nearly 60% of the nation's nursing home beds. PharMerica has repeatedly tried to prevent the takeover since it was announced last year. PharMerica countered that the offer was insufficient and was unlikely to survive antitrust scrutiny.

Omnicare files suit against PharMerica

Omnicare files suit against PharMerica

Omnicare has filed a lawsuit in hopes of making PharMerica accept a $440 million purchase offer and halt a poison pill anti-takeover defense.

Court: Mental incapacitation not a factor in signing nursing home arbitration agreement

Court: Mental incapacitation not a factor in signing nursing home arbitration agreement

A Kentucky federal court ruled Monday that an arbitration agreement signed by a nursing home resident is enforceable, even though the 74-year-old woman said she suffered from a major mental disorder.

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