Healthcare, Senior Living, Economics
On Friday, I wrote about the explosion of COVID litigation in health care and senior living, especially that which is challenging federal immunity under the PREP Act and cases challenging insurance coverage for business interruption coverage resultant from COVID remediation policies (business closure, school closures, vaccine requirements, etc.). Today’s post is a bit more focused … Read more
As COVID-19 has moved to an endemic phase (constant presence, not spreading out of control or taxing health care resources), I’ve started to look back at what transpired since early-2020 and what was learned, known, and now, embedded (perhaps) in our culture and our health care industry. Suffice to say, the review is somewhat mind … Read more
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
It seems like I have been writing a lot on staffing issues these past few months, and I have. Staffing along with the current economy, are a Hydra today (two headed serpent), negatively impacting provider financial conditions and patient care in many forms (access, outcomes, care coordination, etc.). A few months ago, I wrote a … Read more
Typically, I get the Friday Feature posts out early enough on a Friday for folk to read before a longer weekend or leaving the office early. Working today with my wife on an SNF/Hospice litigation matter got me behind but the same did form today’s Feature. My wife’s practice and our firm are seeing more … Read more
A practice concentration within my business, H2 Healthcare, LLC, belongs to my wife who is also, the firm’s Senior Partner and co-founder and co-owner. The practice area is compliance and a strong focus within, is litigation support/expert witness/forensic nursing. My wife is frankly, one of the foremost clinical compliance (nursing) experts in the nation, supporting … Read more
This morning, the Supreme Court ruled that residents and their surviving heirs/family members can sue a publicly owned nursing home under the Federal Nursing Home Reform Act. The court upheld a lower court ruling against the Health and Hospital Corporation of Marion County (HHC). This organization operates publicly owned (governmental) SNFs in Indiana. A couple … Read more
A growth, if you will, opportunity for many Assisted Living facilities is caring for a more clinically complex resident or resident group. The clinical complexity is very much tied to additional medical and physical frailty, necessitating access at times to skilled nursing and therapies. Most Assisted Living facilities, especially those not affiliated with a national … Read more
TGIF! In a little known but important case argued in November of 2022, the family of a Medicaid nursing home resident in Indiana began a suit against a publicly owned nursing home (originally 2016), Valparaiso Care and Rehabilitation. The nursing home is operated by the Health and Hospital Corp. of Marion County. The corporation’s board … Read more
As I mentioned in the prior two posts, litigation activity is on the increase, post-COVID, and some of the most fertile ground for plaintiff’s counsel is Assisted Living. SNFs are still as targeted but as stays decrease and facilities improve care capability, the trend remains level, for the most part. Where perhaps, Assisted Living and … Read more