Nursing Homes and Elder Rights

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Deadly, Drug-resistant Germs Spreading in Nursing Homes

Candida auris, a deadly fungus, is one of many drug-resistant germs spreading in nursing homes around the country. Since this highly contagious germ first arrived in the United States four years ago, it has infected as many as 796 patients, with approximately… Read More

Understanding Duty of Care in a Nursing Home Abuse Case

Every person has a responsibility to act reasonably in order to avoid harm to others. This is especially true when we trust nursing home facilities to care for our elderly loved ones. The duty of care in nursing homes dictates the way nursing home staff… Read More

Massive Budget Cuts Prevent Iowa Ombudsmen from Visiting Nursing Homes

In response to massive budget cuts to Iowa’s Office of the State Long-Term Care Ombudsman, the state agency has eliminated nearly all staff visits to nursing homes and assisted care facilities. The most recent session of the Iowa Legislature resulted… Read More

Reversing Forced Arbitration Ban Will Continue Nursing Homes’ Lack of Legal Accountability

In June 2017, the Centers for Medicare and Medicaid Services (CMS) declared its intention to reverse its previous ruling banning the use of forced arbitration in nursing homes. The ban was announced in September 2016 and originally set to go into effect… Read More

New Proposal Lifts Ban on Forced Arbitration in Nursing Homes

Earlier this month, the Centers for Medicare and Medicaid Services (CMS) proposed reversing a controversial ruling that prohibited the use of forced arbitration in nursing homes and assisted living facilities. The ruling, set to go into effect in November… Read More

New Nursing Home Regulations Aim to Reduce Elder Abuse

New federal regulations of nursing homes will provide residents and their families more involvement in deciding a resident’s care and granting them stronger rights when filing a complaint against a facility. The regulations, issued by the Centers for… Read More

Nursing Home Arbitration Ban Hits Temporary Roadblock

A U.S. District Court judge for the Northern District of Mississippi has temporarily blocked a federal ruling that ends the use of forced arbitration agreements in most nursing homes and long term care facilities. The judge has blocked the Medicare &… Read More

Kindred Pays Largest Corporate Integrity Fine in History

Kindred Healthcare Inc. has been ordered to pay a $3.07 million fine after it was found that the company violated a corporate integrity agreement with the federal government. The fine is the largest of its kind in history. Kindred, the largest provider… Read More

CMS Bans the Use of Forced Arbitration Agreements in Nursing Homes

On Sept. 28, the Centers for Medicare and Medicaid Services (CMS) of the Department of Health and Human Services issued a regulation banning the use of forced arbitration agreements by nursing homes that receive Medicare and Medicaid funding. The change… Read More

Nursing Home Patients Vulnerable to Abuse Through Arbitration Clauses

In a New York Times opinion piece, the newspaper’s editorial board highlighted the dangers that arbitration clauses pose for nursing home residents suffering from abuse or neglect. The article noted that a soon-to-be finalized federal rule proposed by… Read More

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