Curated legal commentary on the issues and prominent cases involving nursing homes from LXBN members.

The Trump Administration has recently adopted new limits on the use of guidance documents for federal agencies. Guidance documents are the government’s interpretation of rules and laws that apply to agencies and related businesses. Federal agencies have issued hundreds of guidance documents on a host of laws which cover issues like healthcare, civil rights, and labor. View Full Post
A significant number of nursing home residents are shorter-term residents who are recuperating from surgery or illness. A recent study centered on the information provided when patients are discharged from hospitals to nursing homes, and they or their families are tasked with choosing a post-acute care facility. View Full Post
The most recent attempt to overhaul the nation’s health care system would fundamentally alter Medicaid and jeopardize home and community-based services, according to A chart outlining the proposed bill is available here. After a prior Republican plan to repeal and replace the Affordable Care Act failed, this new effort in the U.S. View Full Post
A new law will soon take effect requiring nursing home employees to notify police within hours of suspected abuse – or to call 911 if the situation is an emergency. “Peggy’s Law” will provide additional protections to nursing home residents by ensuring that law enforcement is promptly notified of possible criminal abuse cases. View Full Post
The current administration has set its sights on another federal rule, seeking to eliminate the ban on pre-dispute arbitration agreements for nursing home residents. Pre-dispute arbitration agreements require elderly adults and individuals with disabilities, as well as their families, to waive their right to file a lawsuit in the courts – before admission to a nursing home. View Full Post
Mandatory Arbitration in Nursing Home Admission Contracts A proposed rule change introduced by the Trump administration would authorize mandatory, pre-dispute arbitration in long-term care admissions contracts. The proposed rule is in response to an Obama administration rule that prohibited federal funding for long-term care facilities that required residents to resolve disputes through arbitration. View Full Post
The latest tort reform measure, H.R. 1215, the Protecting Access to Care Act of 2017, would place caps on medical malpractice damages, limit attorney fees, and modify statutes of limitations. Among other changes to current law, non-economic damages in medical malpractice lawsuits would be limited to $250,000 – and juries would not be informed of this cap on damages. View Full Post