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$758,000 New Mexico Nursing Home Verdict For Choking Death

February 4, 2023

$758000 Verdict For Choking Death: A New Mexico nursing home negligence jury returned its verdict in the amount of $758,000 on October 19, 2022 against the Uptown Rehabilitation Center located in Albuquerque, New Mexico, for the death of resident Peter Robinson who choked on a hot dog in 2019 after [...]

OIG Report: 44% Of Nursing Homes Cited For Infection Prevention And Control Deficiencies

November 6, 2022

44% Of Nursing Homes Cited For Infection Prevention Deficiencies: The Department of Health and Human Services Office of Inspector General (“OIG”) issued a report in July 2022 entitled “Certain Nursing Homes May Not Have Complied With Federal Requirements for Infection Prevention an[...]

Adverse Events In Nursing Homes

February 20, 2022

The term “adverse event” describes harm to a patient or resident as a result of medical care. An adverse event indicates harm to the patient as a result of medical care, including the failure to provide needed care. Adverse events include medical errors but they may also include more general sub[...]

North Carolina Nursing Home Cited For As Many As 100 Maggots Infesting Dementia Patient’s Wound

October 29, 2021

The Department of Health and Human Services Centers for Medicare & Medicaid Services Statement of Deficiencies dated September 20, 2021 for University Place Nursing and Rehabilitation Center in Charlotte, North Carolina stated: “Nurse Aide #1 … revealed [that] on 8/29/21, she reposit[...]

CMS Study Reports On Disparate Effects Of COVID-19 On Nursing Home Residents

September 20, 2021

The recent CMS report entitled “The Impact of COVID-19 on Medicare Beneficiaries in Nursing” stated: “Nursing home residents account for about 2% of the Medicare population, but about 22% of all COVID-19 cases. Nursing home residents were 14 times more likely to be diagnosed with C[...]

Federal Appellate Court Rules There Is A Private Right Of Action Under FNHRA

August 24, 2021

The United States Court of Appeals for the Seventh Circuit (“Federal Appeals Courts”) held in its opinion dated July 27, 2021 that the Federal Nursing Home Reform Act (FNHRA), 42 U.S.C. § 1396r et seq., provides a private right of action that may be redressed under 42 U.S.C. § 1983. Fe[...]

Sava Senior Care To Pay $11.2M To Settle False Claims Act Allegations

June 7, 2021

The U. S. Attorney’s Office for the Eastern District of Pennsylvania announced on May 21, 2021 that SavaSeniorCare LLC (“Sava”) has agreed to pay $11.2 million, plus additional amounts if certain financial contingencies occur, to resolve allegations that it violated the False Claim[...]

GAO Report On COVID-19 Nursing Home Outbreaks

June 2, 2021

The United States Government Accountability Office (“GAO”) issued a report on May 19, 2021 entitled “COVID-19 in Nursing Homes: Most Homes Had Multiple Outbreaks and Weeks of Sustained Transmission from May 2020 through January 2021” in which it reported that it found that nu[...]

GAO Report: Nursing Home Infection Control Deficiencies “Widespread And Persistent” Before COVID-19

April 28, 2021

The U.S. Government Accountability Office (“GAO”) reported: “Prior to the COVID-19 pandemic, we found that most nursing homes were cited for infection prevention and control deficiencies (82% of those surveyed from 2013-2017). About half of these homes had persistent problems and w[...]

Nursing Homes Experienced 96% Reduction In COVID-19 Cases Since Vaccines Became Available

April 11, 2021

The American Health Care Association and National Center for Assisted Living (AHCA/NCAL), representing more than 14,000 nursing homes and long term care facilities in the United States that provide care to approximately five million people each year, released a report on March 30, 2021 that found th[...]

Federal Lawsuit Challenges Change In CMS Policy Regarding Nursing Home Civil Money Penalties

February 8, 2021

A Complaint filed on January 18, 2021 in the United States District Court for the District of Columbia alleges that the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) weakened enforcement of the Nursing Home Reform Act (NHRA) through a policy c[...]

New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

November 26, 2020

The New York Appellate Division, Second Department (“New York Appellate Court”), in its decision dated November 4, 2020, refused to enforce a nursing home arbitration agreement, stating that the nursing home “failed to demonstrate that the resident, or William as her representative[...]

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