About the Course
Introduction
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 that have now been in effect since early 2025. The panel will also discuss the impact on litigation of surveys and citations and best practices for plaintiffs and defendants. The panel will analyze the impact of the updated guidelines and preview potential modifications.
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.
In February 2025, CMS released major changes to CMS' long-term care survey guidelines, and more changes appear to be on the way. These changes were intended to make significant changes concerning 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 the impact of the updated CMS guidelines on their practices, whether plaintiff or defense.
Presented By
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.
Ms. Schall is a New Jersey Supreme Court Certified Civil Trial Attorney who has dedicated her life and career to advocacy of the legal rights of the elderly and nursing home residents and accountability for violations of their rights, care, and dignity. She has been litigating nursing home abuse and neglect claims against facilities since 2010.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, September 17, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Overview of surveys and survey process
II. Key changes affecting residents
III. Key changes affecting facilities or chains
IV. Proposed changes
The panel will review these and other key issues:
- Did the changes reflect real world LTC residency and operations?
- What has been the impact of the guidelines on LTC litigation for plaintiffs and for defendants?
- What further changes are anticipated?
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