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CMS Proposes Minimum Staffing Requirements and Enhanced Facility Assessments for Nursing Homes

C&M Health Law

On September 1, 2023, the U.S. Department of Health and Human Services, through the Centers for Medicare & Medicaid Services (“CMS”) issued a much anticipated and contested proposed rule that seeks to establish minimum staffing level requirements for nursing homes. hours of nursing staff per resident per day, or 3.0

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Nursing Home Arbitration Agreements: Recent Trends in Citation Risks and Solutions

Hall Render

In 2023, nursing homes have seen increased citations by surveyors for noncompliance tied to their pre-dispute, binding agreements for binding arbitration with their residents. The nursing home must ensure that the resident or his or her representative acknowledges that he or she understands the agreement for binding arbitration.

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CMS Final Rule Calls for Ongoing Respiratory Illness Reporting through NHSN for Nursing Homes

Hall Render

The COVID data reporting through the National Healthcare Safety Network (“NHSN”) was first required of nursing homes in May 2020 through an interim final rule. Due to the nature of interim final rules, this requirement would have expired in May 2023.

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Nursing Home Psychologist Convicted of Healthcare Fraud Scheme

Med-Net Compliance

A federal jury convicted a licensed Illinois psychologist of defrauding Medicare over the course of several years by causing the submission of fraudulent claims for psychotherapy services he never provided. He is scheduled to be sentenced on April 18, 2023, and faces a maximum penalty of 10 years in prison on each count.

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Nursing Home Update: CMS Recasts the Civil Money Penalty Reinvestment Program 

Hall Render

As nursing homes look for funds to allow them to improve care and train nursing home staff, Centers for Medicare & Medicaid Services (“CMS”) released QSO-23-23-NH (“CMS Memo”), which reopens and recasts the Civil Money Penalty Reinvestment Program (“CMPRP”).

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3 New Updates to the OIG’s Work Plan in May 2023

Healthicity

May 2023 OIG Work Plan updates include opioid use in Medicare Part D, patient harm events, and facility-initiated discharges for nursing home patients.

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$900 Million Increase in Medicare Part A Payments One of Many Medicare Changes for SNFs in FY 2023

C&M Health Law

On July 29, 2022, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that updates Medicare payment policies and rates for skilled nursing facilities (SNFs) and enacts changes to the SNF Quality Reporting Program and the SNF Value-Based Purchasing Program beginning in FY 2023.