New CMS Long-Term Care Surveyor Guidance: Key Changes Affecting Residents and Facilities, Compliance, and Litigation

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, February 11, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will review the impact on compliance and litigation of the Centers for Medicare & Medicaid Services' (CMS) updated long-term care survey guidelines effective Feb. 24, 2025. The panel will also discuss the impact on litigation of surveys and citations and best practices for plaintiffs and defendants.
Faculty

Ms. Schall concentrates her practice on civil litigation claims for nursing home abuse and neglect, medical malpractice, and personal injury.

Mr. Klele provides counsel to a variety of providers including long-term care facilities, ambulatory surgery centers, hospitals, laboratories, imaging centers, addiction centers, urgent care centers and pharmacies. He routinely represents his provider clients in a variety of healthcare litigation matters including reimbursement issues, False Claims Act allegations, ERISA and other litigation matters. He also represents his provider clients in compliance matters, including allegations of regulatory violations and assists his clients with state and federal licensing agencies. Mr. Klele has defended and represented long-term care facilities in matters involving allegations of regulatory violations and standard of care issues.

Mr. Stein is an experienced trial attorney who represents clients in complex civil, white collar criminal, and RICO litigation matters and state and federal government investigations. As a seasoned trial attorney, he has served for years as a faculty member for the National Institute for Trial Advocacy (NITA) and the firm’s trial advocacy program for associates. With a background as a trial attorney in both civil and criminal matters, Mr. Stein is uniquely positioned to handle litigation involving the Racketeer Influenced and Corrupt Organizations Act (RICO). He has extensive experience defending businesses and individuals across a broad spectrum of industries who have been accused of either civil or criminal RICO violations. Mr. Stein has successfully tried and arbitrated RICO cases that allege all manner of racketeering activity, including mail fraud, fraud wire, money laundering, embezzlement, homicide, and violations of federal statutes such as the Food, Drug and Cosmetics Act and the Controlled Substances Act. Cal hosts the “RICO Report,” a podcast series devoted entirely to the RICO statute.

Ms. Feist is a healthcare attorney in Holland & Knight's Nashville office. She advises hospitals, health systems, outpatient services providers, behavioral services providers, healthcare investors and specialty lenders on the intersection of federal and state regulations and transactional matters. Ms. Feist's practice focuses on federal and state fraud and abuse matters, including Stark, anti-kickback laws, and the False Claims Act and Medicare/Medicaid enrollment. Additionally, she provides counsel on the development and implementation of compliance programs and policies, and she advises clients on Health Insurance Portability and Accountability Act (HIPAA) and patient privacy issues.
Description
Nursing home surveys are used to determine a facility's compliance with both federal and state laws and the guidelines dictate how those surveys should be conducted. Surveys for the subject facility and for related facilities in the same chain can be valuable tools for plaintiffs. Violations of relevant regulations may be admissible on everything from liability to punitive damages. Thus, for defendants, identifying any survey or citation issues is essential to correctly and realistically evaluating liability and defense options.
On Nov. 18, 2024, the CMS released major changes to CMS' long-term care survey guidelines that inspectors will begin using on Feb. 24, 2025: "Long-Term Care (LTC) Surveyor Guidance Process: Significant Updates Aim to Enhance the Quality and Oversight of LTC Surveys." Changes in these guidelines mean changes in what constitutes a deficiency and how they may be addressed with respect to both existing and new regulations. Significant changes concern admission, transfer, and discharge processes, including prohibiting language in admission agreements that requests or requires a third-party guarantee of payment, medication management, infection control, and health equity considerations.
Listen as this stellar panel of attorneys helps nursing home attorneys understand what the new CMS guidelines say and which guidelines will have the most impact on their practices, whether plaintiff or defense.
Outline
- Overview of surveys and survey process
- Effect of Loper Bright
- Key changes affecting residents
- Key changes affecting facilities or chains
Benefits
The panel will review these and other key issues:
- Do the changes reflect real world LTC residency and operations?
- How do the changes intersect with new staffing requirements?
- What changes are most likely to affect LTC litigation for plaintiffs and for defendants?
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