One of the hardest hit industries during this COVID-19 pandemic is the nursing home industry. Nursing homes are doing the very best they can to prevent their residents and employees from getting this, in some instances, deadly corona virus.
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On April 13, 2020, CMS provided additional information regarding transferring or discharging residents based on COVID-19 status.
Advocate Health Care Network, the largest fully-integrated health care system in Illinois, agreed to the largest HIPAA Settlement to be paid by a single entity for potential penalties in the amount of $5.55M. The alleged long term non-compliance resulting in this settlement included four failures to comply with HIPAA including: failure to adequately conduct risk assessments, failure to limit physical access to ePHI, failure to obtain Business Associate Agreements, andfailure to safeguard an unencrypted laptop from an unlocked car overnight.
Nursing homes are at high risk for regulatory violations under new OSHA reporting rules. Steve Wilder's article in Long Term Living Magazine outlines the new reporting rules while emphasizing the risks to long term care facilities. Senior living facilities with regulatory and compliance needs should seek out qualified legal representation for assistance.