Tag Archive: OBRA

Government’s role in nursing home care

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,

OBRA as standard of care

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

Liability of the Nursing home’s Governing Body

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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