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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, July 10, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will provide attorneys, including those practicing in regulatory compliance and medical malpractice, instruction on the 2024 final minimum nurse staffing requirements for skilled nursing facilities promulgated by the Centers for Medicare & Medicaid Services (CMS). The program will discuss the effect of these new requirements on compliance and allegations of understaffing or negligent hiring, training, and supervision, and the ease or difficulty in bringing or defending claims against an entire enterprise rather than a single facility.

Faculty

Victoria A. Schall
Owner
Schall At Law, LLC

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

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Michael A. Brusca
Partner
Davis & Brusca

Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death, catastrophic injury, negligence and abuse claims arising in nursing homes, assisted living facilities, psychiatric facilities, hospitals, boarding and group homes. He is a frequent lecturer to lay organizations and fellow attorneys at the state and national level on topics such as facility selection, resident care, litigation, trial practice, and technology issues.

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Khaled J. Klele
Partner
McCarter & English

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.  

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Description

CMS has stated that the new minimum standards will "significantly reduce the risk of unsafe and low-quality care … across all LTC facilities." Industry leaders, however, have stated that the rules' "one-size-fits-all" approach creates more problems than it solves.

Counsel litigating nursing home abuse cases have always had to take into account whether a facility had complied with some type of CMS staffing criteria or regulation. Counsel need to consider whether the minimum requirements will offer any kind of safe harbor or simply set up another battle over the admissibility of violations or of negligent hiring. Because the new rules require input from nursing home leadership, the rules could expose certain members of that group to additional liability and make their testimony more important to establishing or disputing liability.

Listen as our experienced panel discusses the new staffing regulations and provide compliance suggestions, record keeping, and how they affect bringing or defending abuse cases alleging understaffing or negligent training, supervision, or hiring.

Outline

  1. Minimum nurse staffing standards
  2. Hardship exemption
  3. 24/7 RN cn-site requirement
  4. Updates to facility assessment requirement
  5. Implementation timeline
  6. Implications

Benefits

The panel will discuss these and other important issues:

  • What types of data must be used in making staffing decisions?
  • Whose input is required and how does that affect liability for neglect or abuse cases?
  • How do the new rules mesh with the old standards?
  • Do the new rules create incentives to depose different nursing home employees or decision-makers?