Charges are expected to be filed against the Administrator of a nursing home and three of its nurses following the deaths of 12 residents of the Rehabilitation Center at Hollywood Hills in Hollywood, Florida in the aftermath of 2017’s Hurricane Irma. The charges are anticipated to include manslaughter charges.
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Increasing Difficulties Defending Long Term Care Cases: Dealing With The Rising Millennial Jury Pool
First they came for cable TV, then they came for the 9-to-5 workday. Now, promptly after a nutritious breakfast of avocado toast, millennials are lining up Monday mornings at Court houses to invade jury pools in increasing numbers. Though keeping younger jurors out of the final jury lineup was previously a simpler task due to the smaller number of eligible millennials, individuals born between 1981 and 1996 are now all adults and are regularly receiving jury duty notices. Millennials are now the largest living generation, recently surpassing the baby boomers. Defense attorneys must adapt and change their jury trial tactics in order to account for this change in the makeup of the jury pool, and to account for the changing strategies of opposing counsel. In order to do that, defense attorneys must understand these young jurors and how they operate.
Centers for Medicare and Medication Services (CMS) Delays Implementation of Phase Three Requirements for Long Term Care Facilities
On Tuesday July 16, 2019 the Centers for Medicare and Medication Services (CMS)announced its proposal to delay implementation of certain portions of its third phase of requirements for long term care facilities. These regulations are part of a three phase initiative by the administration designed to place “Patients Over Paperwork.” The first two phases went into effect in November 2016 and 2017. The third phase is set to be implemented on November 28, 2019.
Recent Findings by Office of Inspector General Regarding Reporting of Potential Abuse and Neglect at Skilled Nursing Facilities
The Office of Inspector General (OIG) recently released the findings of an audit performed to determine the prevalence of incidents of potential abuse or neglect of Medicare beneficiaries residing in skilled nursing facilities (SNFs). Specifically, OIG looked at beneficiaries who resided in a SNF during 2016 and who also had a hospital emergency room (ER) Medicare claim containing a high-risk diagnosis code.
The Illinois Nursing Home Care Act was recently amended by the Illinois General Assembly (IGA) after the passage of what both nursing home and patient advocates consider a mutually agreeable bill. One area the law is designed to address is the conflict between appropriate levels of direct nursing care and the well-known shortages in this workforce. The law includes $70 million to aid facilities in meeting these staffing challenges.