Category: Tort Reform

Nursing Home Rights

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,

Cost of Neglect

Costs McKnight’s reported that the average cost of insurance liability claims was lower for skilled nursing settings by more than $20,000 when compared to assisted living in CNA’s annual Aging Services Claim Report. The analysis provides insight into the claims and potential risk factors aging services organizations face. The costs include defense attorney fees, expert

Entitlement or White Privilege?

Bowen Turner’s sentence of probation for one guilty plea (after being credibly accused of raping three girls) has led to widespread public outrage. Rightly so. This case shows the injustice in South Carolina. Who is Bowen Turner? A North Carolina serial rapist who avoided prison visited the grave of one of his alleged victims while “confined”

Reimbursement Recalibration

Reimbursement Rates CMS announced plans to lower nursing home Patient Driven Payment Model (PDPM) rates by 4.6% to account for unintentional overpayments. PDPM reimbursements were intended to be budget neutral. However, the nursing home industry exploited the new model and  total spending increased by 5.3%, or $1.7 billion when compared to the old Resource Utilization

Ensigns Expands

Skilled Nursing News reported that The Ensign Group (Nasdaq: ENSG) continues to expand. Ensign is a national for profit nursing home chain worth billions. Ensign will add five more senior living communities to its portfolio. The nursing home industry heavyweight entered into an agreement with The Pennant Group (Nasdaq: PNTG) to transfer the operations of

Immunity for Abuse and Neglect

Failure to Protect WRAL reported that in September of 2020, a facility failed to protect a resident from a violent beating. Spring Arbor of Wilmington knew Garland Garrett’s roommate had a history of violent outbursts at the home. They did nothing to protect the vulnerable adult. The facility failed to supervise his roommate who beat

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