“FNHRA establishes the minimum standards of care to which nursing-home facilities must adhere in order to receive federal funds in the Medicaid program, 42 U.S.C. § 1396 et seq.” The United States Supreme Court decided an important case recently. The Talevski decision upheld a private right of action when a nursing home violates resident rights under the
Federal Nursing Home Reform Amendments The Supreme Court will soon decide on certain rights of nursing home residents. This is complicated but it has significant ramifications for future cases against nursing homes. Can residents in government facilities enforce the rights set out in the Federal Nursing Home Reform Amendments (FNHRA) meant to protect the health,
Inevitably in most of our nrsing home cases, numerous documents that are intended to show the care, treatment, and services provided to the resident are missing, lost, or never done by the staff. This occurs because the care was not provided or understaffing caused the staff not to have time to document or poorly trained
The Center for Medicare & Medicaid (CMS) is the component of the Federal Government’s Department of Health and Human Services that oversees the Medicare and Medicaid programs. Medicaid and Medicare dollars are used to cover nursing home care and services for the elderly and disabled. State governments oversee the licensing of nursing homes. In addition,
Sometimes Defendants try to file an early motion to dismiss on Plaintiff’s negligence per se cause of action. Here is a recent case that will help you overcome Defendant’s Motion to Dismiss. “It is obvious that as a resident of the nursing home owned by Mariner, McLain’s father belonged to the class of persons for
OBRA is the federal regulations that establish the standard of care in nursing home facilities that receive Medicare or Medicaid. In those regulations, the below section clearly establishes that the governing body is ultimately responsible for how the nursing home is operated and managed. 42 CFR 483.75 provides: (d) Governing body. (1) The facility must
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