Tag archives: long-term care facility

COVID-19 Update: American Medical Association and Other Physician Organizations Request Liability Protections

By Yvonne Puig (US), Daphne Calderon (US) and Jeff Wurzburg (US) on April 16, 2020 Posted in Coronavirus, General

In an April 15, 2020 letter to Congress, the American Medical Association and other physician organizations requested additional protection from “increased liability risk facing physicians and other clinicians” responding to the COVID-19 pandemic. The organizations request liability protections broader than the protections provided to health care volunteers in section 3215 of the CARES Act. The … Continue reading

New Facility-Specific Guidance for Providers for COVID-19: Infection Control, Supply Shortages, and Staff Management

By Frances Morgan (US) on April 9, 2020 Posted in Coronavirus, General, News from DC

On April 8, 2020, CMS issued follow up guidance to healthcare providers to address infection control for COVID-19 patients, including patient monitoring, isolation techniques, supply shortage guidance, and staff training to avoid infection. CMS intends this guidance to “empower hospitals and healthcare systems… by equipping providers and clinicians with clear guidance based on CDC recommendations.” … Continue reading

U.S. Supreme Court to consider case involving pre-admission arbitration agreements

By Yvonne Puig (US) and Mark Faccenda (US) on November 1, 2016 Posted in Regulatory

On October 28, 2016, the U.S. Supreme Court accepted review of a case involving the enforceability of pre-admission arbitration agreements. The case is brought by Kindred Nursing Centers, who filed a petition for writ of certiorari on July 1, 2016, challenging the Kentucky Supreme Court’s refusal to enforce the parties’ arbitration agreements on the basis … Continue reading

Nursing home providers file suit against CMS in response to pre-dispute arbitration ban

By Yvonne Puig (US) and Mark Faccenda (US) on October 19, 2016 Posted in Regulatory

In response to the recent Centers for Medicare & Medicaid Services (“CMS”) final rule prohibiting long-term care facilities from entering into pre-dispute arbitration agreements with its residents (the “Arbitration Rule”), several plaintiffs (including the American Health Care Association and other long-term care facility (“LTC”) providers) collectively filed a complaint on October 17, 2016 against CMS … Continue reading