Oxford Valley Health v. Nursa Update

This case caught my attention back in March as it raises issues that I commonly hear about namely, staffing agency costs and possible abuses in terms of actual time worked v. time billed by the agency. My March post is available here: https://rhislop3.com/2024/03/28/skilled-nursing-operator-takes-legal-action-against-staffing-platform-for-alleged-overbilling/ Nursa, an electronic staffing application company based in Utah, filed a lawsuit … Read more

Litigation Breaks on CMS Staffing Mandate

As anticipated, litigation has started via various sources, in Federal courts, challenging CMS’ SNF “staffing mandate”. For specifics on the mandate and actual text, go here: https://rhislop3.com/2024/04/23/cms-final-snf-staffing-rule/ A big impetus behind the legal challenges to CMS mandate is the recent Supreme Court ruling known as the Chevron decision https://rhislop3.com/2024/07/01/scotus-chevron-decision-a-win-for-healthcare/ The decision overturns a longstanding doctrine … Read more

Nursing Assistants = Supply Shortage

Nursing assistants are anticipated to experience the largest projected shortfall among all healthcare occupations analyzed, with an expected national shortage exceeding 73,000 assistants by 2028. This projection is based on a report by Mercer, which also predicts a nationwide deficit of over 100,000 healthcare workers by the same year. The demand for nursing assistants is … Read more

Final 2025 SNF Rule – Rate Increase, More Fines

Under the Final 2025 (PPS) rule released last Wednesday, nursing homes are set to receive a 4.2% pay increase in Medicare Part A. Additionally, the facilities will encounter a stricter fines system, with civil monetary penalties being applicable in more situations. The Final Rule is available here: SNF Final Rule 2025 In April I wrote … Read more

The Ensign Group Inc. Case Study: Nursing Home Chains Analysis

In the midst of the Covid-19 pandemic, nursing homes across the United States faced daunting challenges. One such example is The Ensign Group Inc., the second largest for-profit chain in the country. A descriptive case study delves into the financial and quality metrics of this publicly traded U.S. nursing home chain during the age of … Read more

Arbitration Agreements: AZ Atty. General Seeks to End Secrecy Provisions

Arizona’s Attorney General, Kris Mayes, is challenging a major nursing home operator in the state with a new legal initiative aimed at ending the concealment of elder abuse and neglect. In March 2022, a resident with dementia was found face-down at Sun West Choice Health and Rehab. He had a massive bedsore − a telltale … Read more

Defend Your Long-Term Care Facility Against Litigation with Expert Data Analysis

My firm has a unique practice concentration in the area of complex litigation. Our expertise is principally on the defense side of claims. Our team assists long-term care providers in leveraging intricate data to safeguard against legal disputes and adverse public opinion. We help clients discover methods to analyze and utilize data from government, consumers, … Read more

Maryland SNF Class Action Suit: Nursing Home Residents Seek Mandatory Inspections

Happy Hump Day! Reg’s Blog is back up and running! Lots of stuff has happened over the past couple of weeks that the site was under construction or should I say, remodeling. I’ll try to get caught up on the important stuff and ultimately, get current as new events, etc. happen. Yesterday, an interesting lawsuit dropped … Read more

CMS Final SNF Staffing Rule Released

Late yesterday, CMS released the draft of the Final Rule consistently defined as the “staffing mandate rule”. Earlier in the day, I wrote a post about the final staffing rule and the final Medicaid access rule. At the time, CMS had only notified everyone about the final rule(s) contents via a press release. The actual … Read more

Challenges Persist in Staffing for U.S. Life Plan Communities and Skilled Nursing Facilities

Monday, Fitch Ratings dropped a Non-Rating Commentary about staffing challenges in Life Plan and SNF organizations. Per the release, “Though growing for some time, payrolls for U.S. life plan communities (LPCs) and skilled nursing facilities (SNFs) are still well off the pace needed to reach a full post-pandemic recovery.” Bureau of Labor Statistics (BLS) data … Read more