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
The NH’s responsibility to meet the individual needs of each resident is a non-delegable duty. NME Properties v. Rudich, 2003 WL 289415 (D.C. Fla., 2003) explains the analysis. There are several regulations which make this implicit. Under 20 CFR 483.13(c) the facility must not neglect or abuse a resident. The facility has to develop an