Compliance and litigation in 2016

Long-Term Living’s legal expert Alan C. Horowitz, esq, RN, led readers through complex issues in risk management and compliance this year, including new CMS mandates, defensive documentation and the debate over medical marijuana as a treatment alternative for neurodegenerative diseases.

Here are our top five legal articles of 2016:

The CMS final rule: Twist and shout, but we can work it out

The long-term/post-acute care industry knew some groundbreaking changes were coming in the final rule from the Centers for Medicare and Medicaid Services. Senior care providers may be shouting, but they’ll have to find a way to work it out.  

Dealing with disruptive visitors

Residents have a right to visitors, but SNFs must maintain the safety and the rights of others, too. Chief medical directors relate complicated cases and offer intervention strategies.

Extreme honesty: Medical errors and full disclosure

Mistakes and “near misses” can and will happen. But, how a facility discloses an error can affect everything from the CMS response to the family’s reaction.

Medical marijuana: Hashing out the legal issues

Many states have legalized medical marijuana for treating everything from chronic pain to neurodegenerative diseases like Parkinson’s disease. But when it comes to Medicare participants, it’s federal law that matters.

Predatory legal advertising: How nursing homes can respond

Legal advertisements that aim to exploit nursing homes often hit way below the belt, and nursing homes have the right to challenge them. Here’s how nursing homes can fight back against misleading and deceptive legal advertisements.


Topics: Executive Leadership , Risk Management