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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.


Featured Content

15% Reduction in Prevalence Rate of Antipsychotic Medications in Nursing Homes

In 2011, the Centers of Medicare and Medicaid Services (CMS) created the National Partnership to Improve Dementia Care. Last week, CMS announced that it had met its initial goal of a 15% reduction. The agency reported the prevalence use rate (in long-stay residents) went from 23.8% to 20.2% over the past 18 months. Our Dr. Cheryl Phillips explores.

Regulatory Snapshot April 2014

With all of the federal regulatory activity involving nursing homes, it can be difficult to keep up with all of the new rules and regulations coming at you. Here is a quick snapshot of the regulations we are tracking right now on QIS surveys, the proposed sprinkler extension rule, agreements between nursing homes and hospice, personal alarms, survey deficiency remedies and Quality Assurance and Performance Improvement (QAPI) plans.

CMS Revises Nursing Home Survey and Enforcement Guidance To Include ACA Provisions

The Centers for Medicare and Medicaid Services (CMS) has issued a new Survey and Certification Letter revising Chapter 7 of the State Operations Manual, Nursing Home Survey and Enforcement, to incorporate provisions of the Affordable Care Act (ACA). Chapter 7 has been revised to include provisions of Section 6111 addressing IIDR, the independent informal dispute resolution process available when a civil money penalty (CMP) is imposed, and the placement of all collected CMP funds in escrow pending completion of any formal appeal.  

Nursing Homes: Summary of Recent and Pending Regulatory Changes

Jennifer Hilliard, LeadingAge's public policy attorney, has compiled and summarized recent and pending federal regulatory activity applicable to nursing homes. Topics include regulations on facility closures, life safety code, emergency preparedness, automatic sprinklers, cardiopulmonary resuscitation, escrow and independent informal dispute resolution, and the release of a 3-year study of the Centers for Medicare and Medicaid Services (CMS) 5-star quality rating system.

Emergency Preparedness: CMS Updates Survey and Certification Website

The Centers for Medicare and Medicaid Services (CMS) issued a letter on Feb. 28 that revises the survey and certification emergency preparedness checklist for health care facility planning. CMS advises that the revisions will provide more detailed guidance about patient/resident tracking, supplies and collaboration.