Assisted Living

16 State Attorneys General Opposing Nursing Home Arbitration Agreements

Published on: August 22, 2017 | O'Connor Law

Pennsylvania Attorney General Josh Shapiro is part of a coalition of 16 State Attorneys General and the Attorney General from the District of Columbia who sent a letter to the Centers for Medicare & Medicaid Services (CMS) hoping to protect nursing home patients.

These states are recommending that CMS keep in place its current pro-patient rule. The existing rule protects patients’ rights by prohibiting pre-dispute arbitration clauses in nursing home and other long-term care contracts. The current regulation was adopted on October 4, 2016, by CMS and a proposed rule would reverse the prohibition on binding pre-dispute arbitration clauses in Long-Term Care facility contracts. Pre-dispute arbitration clauses require seniors to waive their rights to go to court to resolve any disputes with a nursing home.

In the August 7^th letter, the Attorneys General stated in their comments “Pre-dispute binding arbitration agreements in general can be procedurally unfair to consumers, and can jeopardize one of the fundamental rights of Americans; the right to be heard and seek judicial redress for our claims. This is especially true when consumers are making the difficult decisions regarding the long-term care of loved ones. These contractual provisions may be neither voluntary nor readily understandable for most consumers. Often consumers do not recognize the significance of these provisions, if they are aware of them at all, especially in the context of requiring care in a nursing home.”

Pennsylvania Fining Nursing Homes at Higher Rate

Published on: August 4, 2017 | O'Connor Law

The Pennsylvania Department of Health has levied $816,000 in fines against nursing home providers already in the first half of 2017. That is more than double the $407,450 in fines handed out in 2016. The department also handed out fines of $170,050 in 2015 and $62,000 in 2014.

In 2014, there were 7 cases where the department found a citation that had caused a resident actual harm. So far in 2017, there have been 88 cases. This vast increase in fines is due mostly to regulators using a more rigorous penalty system. The rigorousness is coming after receiving criticism for being too lenient on insufficient care. “When the auditor general looked at our oversight of nursing homes, one of the key recommendations was to be more aggressive in our oversight, and we are,” the department said earlier this year in a statement. In October 2016, Secretary of Health Karen Murphy announced that the department would be using more discretion in determining how much it would fine facilities. The department will be taking into account the level of harm, how long it takes for a problem to be fixed, the facility’s track record of compliance, and other factors.

April Hutcheson, a department spokeswoman, said the department has resumed using federally mandated anonymous reporting, which had been discontinued previously. State surveyors also received federal training last year for how to identify the scope and severity of the situation “and, as a result, we have seen an increase in citations of deficiencies at the actual harm and immediate jeopardy level,” said Lorraine Ryan, a CMS spokeswoman.

Is It Time For Assisted Living?

Published on: July 12, 2017 | O'Connor Law

Whether to move a loved one into an assisted living home or hire an in-home caregiver is a difficult decision. Families can feel pressure to continue providing care for an aging adult despite signs that it might be time to explore other options. Other times families may find themselves unsure as to whether a loved one may need around the clock care.

While there is rarely a clear sign that it is time to move an aging family member to an assisted living home or hire an in-home caregiver, Caring.com recently published a list of eleven signs that family members and caregivers can look for to help in making that decision. Here are some highlights from that article: Continue reading