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U.S. Supreme Court Rules In Favor Of Private Cause Of Action Under Federal Nursing Home Reform Act (“FNHRA”)

June 9, 2023

Court Rules In Favor Of Private Cause Of Action Under Federal Nursing Home Reform Act (“FNHRA”): The United States Supreme Court held in its June 8, 2023 Opinion : “By its terms, §1983 is available to enforce every right that Congress validly and unambiguously creates; we will not[...]

Cost Of Nursing Home Care Rose 27.4% To $95,400 By First Quarter 2021

January 20, 2023

Cost Of Nursing Home Care Rose 27.4% To $95400 By First Quarter 2021: The National Investment Center for Seniors Housing & Care (NIC) reported in its November 2022 Insider Newsletter: In late 2019, the price per nursing care bed averaged $80,000 before slipping 1.8% to $78,600 in the first quart[...]

99% Of U.S. Nursing Homes Face Staffing Shortages

September 28, 2021

A recent survey conducted by the American Health Care Association found that 99% of nursing homes and 96% of assisted living facilities in the United States are facing staffing shortages. The survey also found that 99% of nursing homes and 100% of assisted living facilities have requested current st[...]

Former Arkansas Nursing Home Owner Arrested For Stealing Over $43K From Residents’ Trust Fund Accounts

September 9, 2020

The Arkansas Attorney General announced on July 27, 2020 the arrest of Keith Alan Head (“Head”), the former owner of Prescott Manor Nursing Center in Prescott, Arkansas, by the Attorney General’s Medicaid Fraud Control Unit. Head is accused of emptying or severely depleting residents�[...]

U.S. Nursing Homes Spending Millions On Lobbyists To Obtain Immunity From Coronavirus Lawsuits

May 28, 2020

An article entitled “As residents perish, nursing homes fight for protection from lawsuits” published on May 26, 2020 in POLITICO stated, “As an unprecedented catastrophe unfolds in which more than 28,000 people have died of Covid-19 in care facilities, the nursing home industry is[...]

Nursing Home Compare’s Fall Data May Be “Highly Inaccurate”

February 12, 2020

A study published on December 29, 2019 entitled, “Assessment of nursing home reporting of major injury falls for quality measurement on nursing home compare,” concluded: “The nursing home‐reported data used for the NHC [Nursing Home Compare] falls measure may be highly inaccurate[...]

New Jersey Appellate Court Affirms Denial Of Arbitration Of Nursing Home Claim

November 22, 2019

In its decision dated October 23, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held: “Because it is undisputed that the arbitration agreement was mixed in with a number of other admission documents, it was not explained to Ricciardi [the [...]

Federal Appellate Court Affirms Nursing Home Had No Right To Compel Arbitration Where Third Arbitration Agreement Not Signed By The Resident

September 5, 2019

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) held in its opinion filed on August 5, 2019, in a case where a nursing home was attempting to compel arbitration of the nursing home negligence claims involving the resident’s third and final perio[...]

Federal Appellate Court Holds Nursing Home Residents Alleging “Dumping” Have A Statutory Right Enforceable Under § 1983

August 2, 2019

The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) stated in its opinion filed on July 18, 2019, “The Medicaid Act requires that states participating in Medicaid “provide for a fair mechanism . . . for hearing appeals on transfers and discharges [...]

Wyoming Nursing Home Lawsuit Alleges Neglect

July 13, 2019

The surviving wife of a 49-year-old nursing home resident has filed a lawsuit against a Wyoming nursing home, alleging that her husband was neglected before he died. The Wyoming nursing home negligence lawsuit alleges that the man did not have a bowel movement for several weeks and was bathed only t[...]

$6M Staten Island Verdict Against Nursing Home For Fall From Wheelchair Leading To Hip Fracture

May 5, 2019

On April 17, 2019, after two hours of jury deliberations, a Staten Island, New York jury hearing a nursing home negligence lawsuit involving a resident’s hip fracture resulting from a fall from his wheelchair determined that the defendant nursing home was negligent and awarded $6 million in co[...]

Missouri Nursing Home Lawsuit Alleges Resident Died After She Was Left In Bathtub For Eight Hours

July 31, 2017

An 88-year-old resident of a Missouri nursing home was found dead in a whirlpool bathtub eight hours after a nursing assistant placed her in the bathtub for her nightly bath. The Missouri nursing home negligence lawsuit alleges that the nursing assistant forgot that she had left the resident i[...]

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