It’s that time of year when journalists everywhere get a little panicky.
Government leaders still in session will soon head out for recess and the regulators who often fill our pages with their innovative rulemaking are undoubtedly heading into vacation mode too. They’ve been extra busy this year, after all. (“Regulators, they’re just like us!” I hear you all saying with compassion.)
And that means, sometimes in these dark days of winter, that crime leads.
Most days, we aim to give you a steady dose of news you can use across our McKnight’s brands. Typically, that means business insights, strategies and legal interpretations that can help you strengthen your operations and your business model.
But if go-hung prosecutors get a little more screen time around here while some of our usual sources close up shop for a couple weeks, don’t rush past. There are plenty of lessons to be learned.
Take, for instance, this week’s guilty plea by a Connecticut behavioral psychologist who was busted for the second time for overbilling Medicare and state health programs. Not only did this guy fraudulently claim $4 million in payments, but he came back after a 5-year Medicare exclusion and did it again — once more making providers caring for seniors his target.
Lesson to learn: Prevent becoming the victim of such a crime, or worse, getting rolled up in the allegations, by carefully checking the backgrounds of all of your employees and contract clinicians. Yes, this perpetrator was off the preclusion list when he committed his fresh round of crimes, but a simple Google search could have revealed his unsavory history.
We also recently reported on two scenarios in which uncredentialed nurses were allowed to work for months at skilled nursing facilities. In both cases, credential checks — provided by the staffing agencies that placed the women — were not rigorous enough to spot their bad documents.
Sure, witnessing the problems of others may lead to a sigh of relief. It’s human nature to be thankful when we escape bad things happening to us (and the organizations we care about or are tasked with running).
But these legal challenges also should be a window into what weaknesses might become major pitfalls if one bad piece falls into the right place.
Owners would do well to watch and learn too.
In New York, the Attorney General appears to be on a tear against related parties and operators who possibly have used them to enrich themselves while short-staffing their facilities. After unloading a major case against Mordy Lahasky last week, Letitia James Tuesday brought similar allegations against a Long Island company with various family business connections.
Whether ownership regulations change quickly or not, prosecutors have been emboldened to seek cases that put nursing homes, especially for-profit nursing homes, in the legal spotlight. Win or lose, the battles can be costly both to the wallet and to reputation.
As we approach a new year, those funders, lawmakers and rulemakers will come roaring back with a vengeance. I’m sure you’re already bracing for the year ahead, what with that pesky little staffing mandate promised in the first quarter of 2023.
But just as you’ll vow to be present for the holidays this year, stay present for the possible bad news happening around the sector late in 2022. It may not be as perfect a guide as the Star of Bethlehem, but it surely could help you avoid a grinch or two.
Kimberly Marselas is senior editor of McKnight’s Long-Term Care News.
Opinions expressed in McKnight’s Long-Term Care News columns are not necessarily those of McKnight’s.
