Back last November, I wrote about rumblings in Florida to require criminal background checks on prospective resident. In Illinois, they've apparently passed such a law and are now about to suffer the consequences:Emergency rules implementing the recently signed legislation require all 100,000 current nursing home residents to undergo a criminal background check and be checked against sex offender databases maintained by the Illinois State Police and the Illinois Department of Corrections. The … [Read more...] about Unintended Consequences
A Discovery in the Fight Against Alzheimers & Dementia
The Washington Post is reporting that a new study may have identified a protein linked to memory loss:Some recovery of memory may be possible in the early stages of Alzheimer's disease, suggests a provocative new study in mice that could help researchers open a two-pronged attack against the mind-robbing illness.The research shows a mutant protein named tau is poisoning brain cells, and that blocking its production may allow some of those sick neurons to recover. It worked in demented mice who, … [Read more...] about A Discovery in the Fight Against Alzheimers & Dementia
Arbitration Agreements–Good Case!
The Texas Supreme Court has issued a favorable ruling for Medicare providers who use arbitration agreements. In a case involving a Texas nursing home, the Court ruled that the trial court should have compelled arbitration. You can find the case by clicking here.The Court considered the question as to whether the Federal Arbitration Act should apply in the case or the Texas Arbitration Act. The Texas Act is not as favorable to providers as the Federal Act is because the Texas Act requires that … [Read more...] about Arbitration Agreements–Good Case!
CMS Instructs State Survey Agencies On Compliance Dates
A State or two in Region VI appear to be confused about what compliance date to assign when a facility clears on a revisit. Thus, CMS recently sent a Regional Survey And Certification Letter to all State Survey Agencies to clarify the issue. Click here to see the letter. It is suspected that the letter was prompted by a conversation between CMS and the unamed State Survey agencies that went something like this: "If you find deficiencies on an initial or annual visit, you are to send the … [Read more...] about CMS Instructs State Survey Agencies On Compliance Dates
Updates on Letters to Providers
Ipecac Requirements (Assisted Living and Adult Day Care Facilities)In a Provider letter Texas DADS tackles the issue of facilities stocking Ipecac for use as treatment for poisoning by inducing vomiting. Apparently, some in the Medical Field question its use and whether on not it should be removed from first aid kits. The letter notes that the use of Ipecac is currently being investigated by the FDA--though it is still available.The provider letter notes that the Texas Poison Center, however, … [Read more...] about Updates on Letters to Providers
Putting a Bull’s Eye On Your Back & Liability Insurance
Bulls EyeSid Rich with the Texas Association of Residential Care Communities is reporting in his newsletter that HB 850 has been introduced. The bill would mandate that nusing homes post signs indicating whether or not the facility carries liability insurance. The bill is pending in Committee.Sid Rich is concerned because he was the only long-term care lobbyist who showed up to oppose the bill. This is ridiculous. I agree with Sid when he argues that this is putting a "bulls-eye" on your … [Read more...] about Putting a Bull’s Eye On Your Back & Liability Insurance
Change In New Mexico IDR Practice
Until recently, the New Mexico Survey Agency allowed providers to file only the Informal Dispute Resolution request- without your rebuttal information- by the tenth day after receipt of the 2567. The agency then permitted additional time for filing the rebuttal information as long as it was received two weeks prior to a meeting of the Informal Review Committee meeting.The above described practice, though contrary to the written policy, was allowed until now. Contacts at the DOH have now … [Read more...] about Change In New Mexico IDR Practice
Joint Investigations of Abuse & Neglect in Nursing Homes
On March 22, 2005, DADS issued Provider Letter #05-13--Joint Investigation of Nursing Home Abuse and Neglect Allegations. This letter notifes nursing homes that DADS will notify local law enforcement of abuse and neglect allegations of the nature that statutorily requires DADS to investigate within 24 hours:A resident('s):health or safety is in imminent danger, orhas recently died because of alleged abuse or neglect or other complaint. orhas been hospitalized or treated in E.R. because of … [Read more...] about Joint Investigations of Abuse & Neglect in Nursing Homes
The Medicaid Estate Recovery Program
The new rule became effective on March 1. Already, families are reacting:A new rule took effect Tuesday that will allow the state of Texas to get back some of the money paid out for nursing home care. The rule has some families scrambling to protect their assets from the government … [Read more...] about The Medicaid Estate Recovery Program
How to Save Medicare? Die Sooner?!
A story in the New York Times proposes that the government consider saving Medicare money by having people die sooner(free subscription required to view):ALTHOUGH Social Security's fiscal direction has taken center stage in Washington of late, Medicare's future financing problems are likely to be much worse. President Bush has asserted that the Medicare Modernization Act, which he signed in 2003, would solve some of those problems - "the logic is irrefutable," he said two months ago. Yet the … [Read more...] about How to Save Medicare? Die Sooner?!