Legal

Obama announces $25 million in malpractice reform grants

September 21, 2009

President Obama last Thursday authorized $25 million for pilot programs to investigate tort reform options.
 

Right-to-die hearing can't take place in Australian nursing home, company says

August 12, 2009

A quadriplegic Australian nursing home resident who has been petitioning his nursing home to allow him to starve to death has been denied a bed-side court hearing of his case, according to local news reports.
 

Obama's plan for tort reform may include 'apology legislation'

June 17, 2009

President Obama this week publicly ruled out capping malpractice lawsuit awards as an approach to medical liability reform. His track record on the issue indicates he may be more open to ideas such as "apology legislation," or focusing on the reduction of preventable medical errors, according to one news outlet.
 

Obama to AMA: Liability reform is on the table

June 16, 2009

At his biggest, and longest, healthcare policy address to date, President Obama on Monday stated that he'd been privately discussing the idea of liability reform with the American Medical Association for weeks.
 

Report: Drug manufacturer knew Zyprexa was ineffective, deadly for seniors with Alzheimer's

June 15, 2009

Pharmaceutical giant Eli Lily & Co. knew its product Zyprexa was ineffective for treating dementia when it pressured physicians to prescribe it to seniors from 1999 and 2003, according to a report citing recently unsealed company documents.
 

U.S. Supreme Court lets law nullifying nursing home pre-admission arbitration agreements stand

June 04, 2009

By refusing to review an Illinois appellate court ruling, the U.S. Supreme Court has tacitly agreed that a state law nullifying nursing home arbitration agreements supersedes the Federal Arbitration Act, which favors arbitration agreements, according to a Bureau of National Affairs report.
 

Nursing home advocates converging on U.S. lawmakers to demand better Medicare reimbursement

May 29, 2009

More than 300 nursing home owners and operators are expected to meet in Washington on Wednesday and Thursday to try to persuade lawmakers to be generous with Medicare funding. The Obama budget proposal for fiscal 2010, combined with a standard marketbasket update, would leave providers about $330 million, or about $17 per resident day, below this year's payment levels. Providers will be taking their cues from top lobbyists at the American Health Care Association's spring conference before storming Capitol Hill for visits with their Congressmen and Senators. "Top policy issues will be Medicare funding, the proposals for bundling of post-acute payments, and defeating arbitration legislation that would prohibit the use of pre-dispute arbitration agreements," an AHCA spokeswoman said.
 

Business groups outgun labor in card-check battle, news report finds

May 20, 2009

Business groups appear to be gaining ground against organized labor in an effort to defeat the Employee Free Choice Act, also known as the card-check bill, according to a recent update on the issue.
 

Nursing home that refused to recognize union supported by federal appeals court

May 04, 2009

A long-term care provider in Georgia that decided not to recognize a union-organizing effort in 2008 has had its decision affirmed by a federal appeals court in Washington. Observers say the case could be a bellwether for hundreds of other cases.
 

Gingrich: Arbitration clause greater threat than 'card check'

April 23, 2009

The biggest concern with possibly enacting the Employee Free Choice Act is not the so-called card-check measure, which would make union organizing easier; it is the lesser known binding arbitration clause, argues former U.S. Speaker of the House Newt Gingrich in an article Wednesday on politico.com.
 

Specter plans vote against card-check legislation, threatening bill's passage

March 26, 2009

Nursing homes likely are cheering after Sen. Arlen Specter (R-PA) said Tuesday he would vote against the Employee Free Choice Act, also known as the card-check bill. His veto could effectively end the bill's chance at passing.
 

Former union rivals SEIU and CNA/NNOC team up for reform

March 20, 2009

Two union rivals have set aside their differences and joined forces to increase support for card-check legislation and to bolster healthcare union recruitment.
 

'Apology legislation' in Pennsylvania would hurt lawsuits against nursing homes, physicians

March 17, 2009

Apologies for medical errors by nursing home employees and physicians no longer could play a role in lawsuits, according to a bill being considered in the state's legislature.
 

Officials rap home healthcare providers over fraudulent billing, abusive practices

March 16, 2009

Home healthcare, the fast-growing destination for many individuals who previously might have sought nursing home care, has been besieged by a spate of fraudulent Medicare reimbursement practices, government investigators say. Overstating a person's healthcare needs - or upcoding - is a significant problem, the government Accountability Office found.
 

Card-check, Silver Alert bills introduced in Congress

March 11, 2009

Senators and representatives on Tuesday introduced the controversial Employee Free Choice Act, also known as union card-check legislation. Several long-term care groups immediately issued statements against the bill.
 

Arbitration act 'bad public policy,' NCAL's Kyllo says

March 06, 2009

The American Health Care Association and the National Center for Assisted Living have voiced opposition to the recently reintroduced Fairness in Nursing Home Arbitration Act. Members of both the House and Senate have submitted the legislation for congressional consideration.
 

Nursing home arbitration act resurfaces in Senate

March 05, 2009

Senators Wednesday re-introduced the Fairness in Nursing Home Arbitration Act, a bill that would prevent nursing homes from requiring residents to sign arbitration agreements as a condition of admission. The bill failed to pass through Congress during the last session.
 

Assisted living management firm charged with $300 million fraud

March 04, 2009

Sunwest Management, a national assisted living management firm, has been accused of defrauding investors out of roughly $300 million in a Ponzi scheme, according to recent reports.
 

Another bill that would prohibit pre-admission arbitration clauses panned by nursing home operators

March 02, 2009

U.S. Rep. Linda Sanchez (D-CA) on Friday re-introduced a bill that would prohibit nursing home and assisted living operators from including pre-dispute arbitration clauses in their admissions contracts. Providers wasted no time attacking the bill.
 

Nursing home operator faces setback in lawsuit that brought $30 million judgment against it

March 01, 2009

An appeals court has ordered the retrial of a lawsuit in which a major nursing home chain had most of a $29.8 million punitive damages award against it thrown out. The Tennessee Court of Appeals ruled last week that a Warren County Circuit Court judge had made a mistake two years ago when he reduced the damages amount to $163,000.
 

New rule hindering suits against nursing homes goes unnoticed

February 25, 2009

A recent article in The Washington Post sheds light on a quietly enacted last-minute Bush policy that hinders the prosecution of cases against nursing homes.
 

Doctor with ties to nursing home controversy a victim in car bombing

February 09, 2009

Dr. Trent P. Pierce, a former nursing home medical director involved in legal controversy, was the victim of a car bombing at his West Memphis, AR, home late last week. The 54-year-old chairman of the state medical board remained in critical condition as of press time. Authorities said they had no suspects in the attack.
 

'Card-check' legislation pits unions against business leaders

January 12, 2009

Business leaders around the country are engaged in silent combat against a bill that would make it easier for workers to organize.
 

Labor secretary nominee supports card-check legislation

January 05, 2009

Card-check legislation is expected to surface this Congress, and the Obama administration appears to be leaning in favor of such a bill.
 

Iowa law could become national model for long-term care insurance disputes

December 15, 2008

A new Iowa statute that will take effect Jan. 1 will protect Iowans who are denied long-term care insurance benefits. If successful, it could be used as a model for other states, according to industry experts.
 

SEIU ensnared in political corruption case involving Gov. Blagojevich

December 15, 2008

The Service Employees International Union, the largest union for healthcare workers, was named in a federal criminal complaint against Illinois Gov. Rod Blagojevich (D) last week.
 

FDA shoots down prospect of Medicare-covered gun for seniors

December 10, 2008

A single-shot pistol designed for seniors and those with disabilities does not qualify as a medical device, the Food and Drug Administration said Monday. That ended speculation that Medicare might cover it.
 

SEIU leaves nursing home amid growing anti-union sentiment

October 24, 2008

Anti-union workers at a nursing home in Canton, New York, have ousted the Service Employees International Union from their facility, according to local reports.
 

Attorney General says more cameras will be hidden in nursing homes

October 23, 2008

New York State Attorney General Andrew Cuomo is expanding his practice of installing hidden cameras in nursing homes to include facilities in western New York, according to local news outlets.