Complying With CMS' Overhauled Long-Term Care Regulations

In Sept. 2016, the Centers for Medicare and Medicaid Services (CMS) released a complete overhaul of the LTC regulations. The new regulations establish new compliance requirements for providers. This overhaul affects some 15,000 facilities and is the first major overhaul of LTC facility regulations in 25 years. The first implementation date for the new regulations is Nov. 28, 2016.

Under the final rule, CMS prohibits the use of pre-dispute binding arbitration agreements, thereby banning LTC facilities from using these agreements when a patient/resident is admitted to the facility. The final regulations also address care and discharge planning, and call for LTC facilities to establish new compliance and ethics programs or bring their existing programs into compliance.

Attorneys advising LTC facilities and providers must fully understand the scope and complexity of the revisions to ensure clients are in full compliance.

Listen as our authoritative panel examines the new regulations, identifying key provisions and important changes. The panel will analyze who will be impacted—and how—and address the likely effect of the new regulations. The panel will also provide steps counsel and their clients will need to take to comply with the new regulations.

1. LTC regulations
   1. Prohibition against pre-dispute binding arbitration agreements
   2. Patent assessment
   3. Comprehensive care planning and discharge planning
   4. Compliance and ethics programs
   5. Quality assurance
   6. Pharmacy services
   7. Addressing allegations of abusive conduct
2. Impact of the new regs
3. What providers and counsel need to do to ensure compliance

The panel will review these and other key issues:

• How do the overhauled regulations change the requirements for comprehensive care planning? Discharge planning?
• What impact will the prohibition of pre-dispute binding arbitration have?
• What must LTC providers do now to ensure compliance with the new rules?