Business and Legal Considerations for Nursing Homes: Bill of Rights, Fee-Shifting, and Damage Caps for Assisted Living/Long-Term Care Facilities Within FMG’s National Footprint
3/13/23
By Lisa R. House, Paul-Michael La Fayette, and Kevin Ringel
Assisted living and long-term care facilities doing business or expanding into FMG’s national footprint should be aware of differences in state law that directly impact litigation involving their …
The end of the Covid-19 public health emergency: impacts for hospitals, healthcare providers, and telehealth
3/2/23
By: Kevin Ringel and Lisa House
On January 30, 2023, the Biden Administration announced that the Covid-19 public health emergency will end on May 11, 2023. The public health emergency has been in effect since the start of the pandemic …
New York’s 175-Year-Old Wrongful Death Statute Lives on
2/2/23
By Lisa R. House and Josh Ferguson
New York Governor Kathy Hochul vetoed the Grieving Families Act this week. The bill expanded who could recover for the wrongful death of a family member, the type of damages that could be …
For the first time in more than two decades, Pennsylvania enacts new facility regulations for long-term nursing care.
11/7/22
By: Patrick Cosgrove and Heather McFeeley
Pennsylvania took steps to address its increasing aging population as it enacted new major nursing home regulations for the first time since 1997. At present, approximately 72,000 Pennsylvanians reside in the 682 long-term care …
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Supreme Court of Kentucky Defines Scope of Amended Peer Review Statute for Many Healthcare Entities
6/22/21
By: Kyle Virgin
The discoverability of peer review information in healthcare litigation is a hot-button issue across the country and Kentucky is no different. In 2018, the Kentucky General Assembly amended KRS 311.377 to state that peer review information “shall …
Potential New Reporting Requirements for Long-Term Care Facilities in the Commonwealth in Response to COVID-19
5/14/20
By: Janet Barringer, William Gildea and Kevin Kenneally
In the wake of alarming reports from other states that nursing homes were forced to accept known COVID-19 positive residents, a policy which may have caused the spike in healthy nursing …
Massachusetts: Relief Funds For Nursing Home & Other Long-term Care Facilities Fighting COVID-19
4/27/20
By: Janet Barringer and William Gildea
Massachusetts Governor Charlie Baker announced on April 27, 2020 the Commonwealth will allocate $130 Million to nursing homes and other long-term care facilities in Massachusetts to assist in the ongoing battle against COVID-19. The …
State Governments Extend Limited Immunity to Healthcare Providers Engaged in Treatment of Coronavirus
4/17/20
By: Shaun Daugherty, Erin Lamb and Andy Treese
As doctors, nurses, respiratory therapists, and other
healthcare providers have thrown themselves wholly into the challenge of
fighting the coronavirus, some have asked whether they are exposed to new or
additional …
Nursing Homes at Highest Risk, States Respond
4/1/20
By: Shaun M. Daugherty
States across the country are taking every measure possible to fight the spreading deadly COVID-19. One of the most at-risk groups are the elderly, especially those with lengthy lists of other health problems. In those instances …
Federal Government Issues New CMS Guidance To Protect Nursing Home Residents From COVID-19
3/30/20
By: Kevin G. Kenneally, Michael P. Giunta and William E. Gildea
Nursing
home and skilled nursing facilities have been particularly hard hit by the
COVID-19 virus. The resident populations
are uniquely vulnerable and outbreaks in facilities nationwide have sparked
…