There are currently nearly 1.5 million residents in nursing homes across the country. Now, with the passage of new federal rules – the most expansive update in a quarter century – those residents will have more involvement in their own care. The new regulations were first proposed in 2015 by…
Articles Posted in nursing home abuse
$10M Medical Malpractice Lawsuit Against Nursing Home Over DNR Signed by Elderly Patient
The children of the elderly woman pleaded with hospital staffers to save their mother, who was suffering from bedsores and pneumonia. The staffers had the resources. They had the tools and the equipment. What they didn’t have, they say, was permission. The woman had previously signed a do-not-resuscitate order. However,…
Verbal Abuse in Nursing Homes Spurs Formal Citations
A state health department has cited seven nursing homes in connection with reports that residents were verbally abused by staffers. The state Department of Public Health in Connecticut cited the nursing homes more than $1,000 each in connection with the incidents. In one case, a registered nurse overheard an aide…
$145M Nursing Home Settlement for Medically Unnecessary Rehab Services
A national nursing home chain with dozens of locations in Florida (including in Orlando) has agreed to pay $145 million to resolve a government lawsuit alleging the company violated the federal False Claims Act by intentionally causing its facilities to submit claims to Medicare and Tricare for rehab services that…
Nursing Home Industry Group Files Lawsuit to Protect Arbitration Agreements
Following the enactment of a new federal rule that prohibits the enforcement of arbitration agreements by nursing homes that accept federal funding (virtually all of them), a group of nursing home operators and industry trade groups are challenging the rule. Interestingly, they are doing so through the very avenue of…
Nursing Home Operator Jailed in Florida for Alleged $1 Billion Health Fraud
A wealthy nursing home operator with mansions in Miami and Los Angeles is the subject of a U.S. Justice Department investigation and prosecution that alleges he orchestrated a Medicare and Medicaid bribery and kickback scheme totaling losses of more than $1 billion. Authorities in July stated it was the largest…
Feds: Florida Nursing Home Network Defrauded $1B
An elaborate network of Florida nursing facilities reportedly were successful in scamming Medicare and Medicaid programs out of $1 billion over the last 14 years. According to The New York Times, the case involves bribes to doctors in Miami, hush money paid to witnesses and gigantic sums paid to shell…
Mandatory Nursing Home Arbitration Ban Not Part of New Proposed Rule
Despite forceful calls by House Democrats and the Consumer Financial Protection Bureau’s (CFPB) for a ban on mandatory nursing home arbitration agreements earlier this year, the new proposed rule by the Centers for Medicare and Medicaid Services (CMS) doesn’t contain any such provision. The agency has toyed with requiring such a measure…
Nursing Home Abuse Common – But It’s Not Always The Staffers
We all know nursing home abuse is far too common in elder care facilities across the U.S. But a new study suggests it’s not only the staffers that residents and their families have to fear. Reuters reports that researchers with Weill Cornell Medicine revealed the startling commonality of resident-on-resident nursing…
Johnson v. Heritage Healthcare – When Nursing Home Waives the Right to Arbitrate
Courts generally enforce the strong federal policy that favors arbitration where such an agreement exists. However, that doesn’t mean a court will automatically dismiss a case that involves an arbitration clause in favor of that alternative dispute resolution. This is increasingly true in nursing home abuse cases, in which Florida…