This fact sheet explains two areas from the recently revised CMS nursing facility surveyor guidelines. These particular revisions confirm that 1) a facility must obtain a resident’s informed consent before administering medication (including antipsychotics), and 2) certain common admission agreement provisions violate the federal prohibition against financial guarantees.
This webinar will take place on Tuesday, December 17, 2024, at 11:00 a.m. to 12:15 p.m. PT/2:00 to 3:15 p.m. ET. Thank you to our partners at the Community Living Policy Center at Brandeis University for their collaboration on this webinar. In April 2024, the federal government finalized a set of regulations known as the […]
Executive Summary Federal law prohibits a nursing home from conditioning a nursing home resident’s admission or continued stay on a third party’s personal guarantee to be financially responsible for the resident’s bills.[1] Despite this prohibition, nursing homes still attempt various stratagems, through contracting and otherwise, to force financial liability upon residents’ family members, friends, and […]
This webinar took place on Tuesday, October 1, 2024, from 11:00 a.m. - 12:00 p.m. PT/2:00 p.m. - 3:00 p.m. ET Nursing experts agree that restraint use in nursing facilities should be kept to a minimum, if not eliminated. And federal nursing facility law states clearly that restraints must not be used for discipline or […]
Following a fairness hearing on June 17, 2024, at the United States District Court in Boston, Judge Nathaniel Gorton entered a final order on June 18, 2024 approving a landmark cross-disability Settlement Agreement in Marsters v. Healey. The Marsters case is a disability rights class action lawsuit brought against the Commonwealth of Massachusetts on behalf […]
Yesterday, a group of nursing facility residents with disabilities and mobility impairments filed a class action lawsuit against the Maryland Department of Health in the U.S. District Court for Maryland alleging violations of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The lawsuit seeks to compel the state agency to […]
Settlement invests in new housing opportunities and community-based programs for older adults and persons with physical disabilities or mental illness BOSTON, MA – Today, the Executive Office of Health and Human Services announced a settlement that has been reached in a class action lawsuit that expands opportunities for individuals in nursing facilities, including the plaintiffs […]
“Hold the button and count slowly to ten,” I ordered, sternly but kindly, leaning into her right ear. At 90 years old, Grandma was almost completely hard of hearing in her left ear. She nodded and firmly pressed the life alert. We were practicing in case she needed help. Despite robust Medicaid home and community-based […]
This webinar took place on Thursday, May 2, 2024, from 11:00 a.m. PT/2:00 p.m. ET – 12:00 p.m. PT/3:00 p.m. ET Nursing facility residents often are treated unfairly when they enter a facility for “short-stay” rehabilitation. They may be denied Medicare coverage based on their preceding hospital stay being under “observation status.” Or their Medicare […]
