About the Course
Introduction
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.
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
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.
Mr. Klele is a dedicated and knowledgeable healthcare attorney. He represents numerous clients in the healthcare industry, including group practices, ambulatory surgery centers, urgent care centers, telemedicine providers, laboratories, medispas, infusion centers, healthcare service firms, home health agencies, imaging centers, addiction centers, senior living facilities, management service organizations (MSOs), pharmacies, hospitals, and rural clinics, among others. Mr. Klele is well-versed in healthcare litigation, regulatory compliance matters, and transactional matters, providing comprehensive legal support to his clients. He is an experienced litigator, and with extensive knowledge of regulatory issues, Mr. Klele represents healthcare clients in a wide range of disputes including payor audits, healthcare reimbursement issues, including ERISA, and claims involving the federal False Claims Act and its state equivalents. He also represents his clients in contract disputes, partnership disputes, facility construction disputes, non-compete actions, as well as other general litigation matters. Additionally, Mr. Klele represents individual physicians and other healthcare professionals before their respective boards for investigations and disciplinary actions, as well as in other licensing matters.
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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