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

Final Independent Contractor Rule: Implications for Health Care

This morning, the Department of Labor issued a final rule interpreting who is and who is not, an independent contractor v. an employee. Contract work in health care has boomed since the pandemic, though even pre-pandemic, the use of contractors (physicians, nurses, therapists, etc.) was on the increase. The final rule is available here: 2024-00067 The … Read more

Friday Feature: The Economic Impact in Aging Countries

TGIF! The U.S. is aging. Its median age is 37.7, just behind China’s median age of 37.9. Comparatively, the U.S. would be considered young in relationship to Japan where the median age is 48.4. While it is true that the Japanese have a longer life expectancy than the average American (84.6 years vs. 77.29 years), … 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

Wednesday Feature: Dying Broke

Happy First Hump Day of 2024! Short weeks aren’t really deserving of a Hump Day, but it is officially a Wednesday that is not a holiday in a workweek (though I’m sure many are still off from the Christmas/New Year’s season). Thus, no matter deserved or not, it is my first Wednesday Feature and therefore, … Read more

JAMA Study: Private Equity Ownership and Hospital Outcomes

Happy 2024! I trust everyone had a blessed and happy holiday season and rang in the New Year with joy and optimism. Across the last two months of 2023, JAMA (Journal of American Medical Association) has published two studies on private equity ownership in healthcare, specifically in hospitals and SNFs. Not to accuse JAMA of having … Read more

The Impact of Baby Boomers on Senior Living/Senior Healthcare

The oldest boomers are about to turn 80 in 2026. This age point is typically the trigger point for advancing needs in secure living environments, services increase (ADL and IADL support), and increasing healthcare consumption. The baby boom generation is defined as folks born between 1946 and 1964. The “boom” reference is the rapid number of children … Read more

Genesis and COVID Litigation – Interesting Update

Genesis is one of the country’s largest SNF and assisted living providers so naturally, it saw its share of COVID cases throughout the pandemic. Like other similar providers across the same industry, cases involving COVID infections are just now hitting the courts.  Back in October, I wrote about the advancement of litigation involving COVID.  There … Read more

Washington Post and Assisted Living (not so good) News

Yesterday, a story in the Washington Post highlighted a series of wandering cases where residents from an Assisted Living or Memory Care facility wandered and were later, found dead. Industry insiders knew this story was coming and yesterday, it dropped. In many ways, it is eerily similar to a PBS story a decade ago around poor care/neglect … Read more

Humana, United Health: Class Action Suits over AI use in Coverage Determination

It was only a matter of time before litigation came forward regarding the use of Artificial Intelligence (AI) in primarily, Medicare Advantage plans, where coverage denials/determinations are at issue. This week, a class action suit dropped in the U.S. Circuit Court of Western Kentucky against Humana. A link to the suit is here: https://www.scribd.com/document/692182281/Humana-AI-NaviHealth-MA-lawsuit In … Read more