SCOTUS Chevron Decision a Win for Healthcare

Last week, the Supreme Court discarded a longstanding doctrine that granted regulatory agencies, such as the Centers for Medicare & Medicaid Services, extensive leeway to establish regulations for the organizations under their jurisdiction. The decision (majority opinion) in the case of Loper Bright Enterprises v. Raimondo is available here: SCOTUS Chevron Ruling The decision overturns a … Read more

Friday Feature: Regulatory Shake-Up – 20 States Revamp Assisted Living Laws in 2022 – 2023

TGIF! Greetings from the great white northland! ‘Tis January and Iowa Caucus time and of course, winter settles in. In the rapidly evolving landscape of Assisted Living, it is crucial for states to adapt and refine their regulations to ensure the safety and well-being of residents. Between July 2022 and July 2023, a total of … Read more

COVID Assisted Living Claim in Virginia – Potentially Precedential

My work has me very attuned to litigation trends and in particular, COVID litigation. We are just beginning to see COVID litigation coming to a head with some interesting decisions. Within my firm (H2 Healthcare, LLC), is a practice focus headed by my wife. It involves clinical compliance and complex litigation support. She is considered one of, if … Read more

Friday Feature: Senior Living Litigation Watch: Risks at CCRCs/Independent Living

Among the many topical areas I watch in health care, I pay particular attention to liability and litigation. As frequent readers/followers know, my firm, H2 Healthcare, LLC, focuses a practice area on clinical compliance and litigation support. My wife and the firm’s Senior Partner is one of the foremost experts (nationally) in litigation support and … Read more

Friday Feature: Important COVID Criminal Case Dismissed

Ten days ago, I wrote a post about COVID litigation and how it was not only mounting but also morphing in terms of scope. Cases were predominantly focused on responsibility for infections at the senior living end such as, my ‘family member’ caught COVID at XYZ Manor and died, so therefore XYZ Manor is responsible … Read more

AZ Pandemic Related Case – Watchlist Important

My firm (shared with my co-founder) H2 Healthcare, LLC does a lot of legal work, primarily forensic and litigation support. My wife (and partner), Diane Hislop, RN, is likely the foremost (or certainly, top few) clinical compliance experts in the country in terms of senior living and post-acute care. This means, as a group, we … Read more

Friday Feature: 2 Court Cases

As I close the week, I’ve been following a lot of legal news, specifically court cases involving health care and in one case, a decision from the Supreme Court. Legal news can be rather arcane and boring but, in some cases, the implications of decisions can be rather profound. Such is the case (no pun … Read more

Blast from the Past – Duties of Boards: An OIG Perspective

There are nearly 300 articles/posts on this site and from time to time, I’m going to repost an “oldie but a goodie” that is as applicable now as it was when I originally wrote it.  This is from July of 2009.  This follows well with Tuesday’s piece on OIG initiatives and SNFs…https://wp.me/ptUlY-BJ This seemed to … Read more

Boards of Directors: Outside Looking In

Over the course of many engagements plus my years as an executive, I’ve addressed and been asked to address, the theme of effective governance, particularly at the Board level.  To bring this topic into full context, one of my many “hats” that I wear (periodically), is as an advisor to graduate and post-graduate students working … Read more