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.
Presented By
Michael Brusca is a partner at Davis & Brusca, LLC and resides in Jenkintown, Pennsylvania. He holds a juris doctor (JD) from the Temple University School of Law. Since 2009, Michael has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted-living facilities, group homes, and hospitals. Education: JD, Temple University School of Law, 2002
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 concentrates her practice on civil litigation claims for nursing home abuse and neglect, medical malpractice, and personal injury.
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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
Wednesday, July 10, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Minimum nurse staffing standards
- Hardship exemption
- 24/7 RN cn-site requirement
- Updates to facility assessment requirement
- Implementation timeline
- Implications
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?
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