Each of these key terms can present significant risks if not negotiated or, at a minimum, understood when dealing with a Software as a Service (SaaS) agreement. All providers should be aware.
There has been so much in the news about arbitration agreements over the past year. Are we in the clear and can we use them again?
Two former caretakers at an Illinois long-term care facility have been charged with Class 3 felony counts of criminal neglect in the death of a 69-year-old resident with developmental disabilities, who was left in a van for several hours with outside temperatures above 90 degrees.
A nursing home for paroled inmates that recently received approval for federal funding is now locked in a legal battle with its neighbors, who argue the facility is hurting their property values and putting their families at risk.
I'd say the thing we write about most often in this line of work is payment issues. As a long-term care provider, you are eternally under pressure with whether there will be enough to pay for everything.
The healthcare world currently ranks as the fourth most victimized industry when it comes to fraud, falling prey to roughly 6.6% of all fraud incidents. In the long-term care sector, experts recently shared, one area gets hit harder than others: resident trust funds.
One of the first opportunities for a facility to refute surveyor citations or deficiencies and have the survey agency remove them is the Informal Dispute Resolution ("IDR") process or, when CMS has imposed a civil money penalty that the facility must place in an escrow account, the Independent Informal Dispute Resolution ("IIDR") process. (IDR and IIDR are collectively "IDR.")
More than 1,300 low-wage workers in northern California will get about $6.8 million in back pay from nursing homes and other long-term care facilities as a result of an ongoing U.S. Department of Labor probe.
A 66-year-old Michigan nursing home resident suspected in last week's death of a fellow resident will undergo evaluations, Berrien County prosecutors announced.
More registrants than ever are prepping for the fifth annual McKnight's Online Expo, which kicks off Wednesday and Thursday at a keyboard near you.
DAY ONE: McKnight's 5th Annual Online Expo kicks off today with technology, wound care and capital webinarsMarch 23, 2011
Today marks the beginning of the 5th Annual McKnight's Online Expo, the largest online trade show for the long-term care community. Free registration is still available online at www.mcknights.com/expo2011
Two federal courts recently issued nearly identical rulings declaring the Medicare cap on hospice reimbursements to be invalid. They continue an unbroken series of rejections of the Department of Health and Human Services' payment rule.
Assisted living should be subject to more government oversight and regulation, at least one consumer group is expected to recommend this afternoon at a Senate Special Committee on Aging roundtable.
Pharmaceutical giant AstraZeneca on Thursday agreed to pay $68.5 million to settle allegations that it inappropriately marketed the drug Seroquel for off-label uses, multiple states' authorities announced.
At least 18 states have implemented some form of new regulations, statutes and policies governing assisted living services in the last year, according to a new analysis by the National Center for Assisted Living.
All nursing homes in Indiana will be notified of a recent court ruling that declared that nursing home residents cannot specify treatment from a particular caregiver based on race, state health officials said recently.
An Arkansas hospice provider has been granted a temporary reprieve from efforts by the Department of Health and Human Services to recoup reimbursement the federal agency says exceeds the annual Medicare reimbursement cap for hospice services.
President Obama last Thursday authorized $25 million for pilot programs to investigate tort reform options.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
Two union rivals have set aside their differences and joined forces to increase support for card-check legislation and to bolster healthcare union recruitment.
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.