Other Legal Issues
In this section, we cover such issues as pharmaceuticals in long-term care facilities, the red flags rule relating to identify theft and other assorted court cases and legal issues that involve aging services.
We've featured some articles below, but be sure to check out all of our public policy and legal issues content.
The U.S. Environmental Protection Agency (EPA) recently published a proposed rule that would impose stringent regulations regarding how healthcare facilities, including long-term care facilities, dispose of pharmaceuticals classified as hazardous waste. Presently, while pharmaceutical hazardous waste in long-term care facilities is regulated by the agency, it is subject to the agency’s less-stringent household hazardous waste standard. In the proposed rule, however, the EPA argues that long-term care facilities more closely resemble hospitals and thus should be subject to more stringent requirements.
LeadingAge has filed formal comments on the extensive proposed rule CMS released on July 16, to revise the Requirements of Participation for nursing homes. Our comment letter [link here to the document] goes through each issue, line-by-line. Many of our comments are illustrated by the many recommendations you, our members, submitted on the proposed rule. We greatly appreciate your input and also the recommendations that you filed directly with CMS. In this case, volume really matters.
On Sept. 15, the Centers for Disease Control and Prevention (CDC) released Core Elements of Antibiotic Stewardship for Nursing Homes, a new set of materials designed to help nursing homes improve antibiotic prescribing practices and reduce their inappropriate use to protect residents from the consequences of antibiotic-resistant infections, such as C. difficile.
On September 3, the U.S. Department of Health and Human Services (HHS) proposed a rule specifying that the current prohibition on sex discrimination in the provision of health services includes discrimination on the basis of gender identity. The agency is accepting public comment on the rule through November 6, 2015.
In commenting on the new demonstration mandating bundled payments for lower extremity joint replacement (LEJR) in 75 geographic areas across the country, LeadingAge emphasized the need to ensure Medicare beneficiary choice in post-acute care. We also urged the Centers for Medicare and Medicaid Services not to use the Five Star system to assess post-acute care providers' ability to manage joint replacement patients.