• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Personal Injury and Med Mal
  • schedule 90 minutes

New CMS Long-Term Care Surveyor Guidance: Key Changes Affecting Residents and Facilities, Compliance, and Litigation

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 effective Feb. 24, 2025. The panel will also discuss the impact on litigation of surveys and citations and best practices for plaintiffs and defendants.

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.

On Nov. 18, 2024, the CMS released major changes to CMS' long-term care survey guidelines that inspectors will begin using on Feb. 24, 2025: "Long-Term Care (LTC) Surveyor Guidance Process: Significant Updates Aim to Enhance the Quality and Oversight of LTC Surveys." Changes in these guidelines mean changes in what constitutes a deficiency and how they may be addressed with respect to both existing and new regulations. Significant changes concern 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 what the new CMS guidelines say and which guidelines will have the most impact on their practices, whether plaintiff or defense.

Presented By

Jane Elizabeth Feist
Partner
Holland & Knight LLP

Ms. Feist is a healthcare attorney in Holland & Knight's Nashville office. She advises hospitals, health systems, outpatient services providers, behavioral services providers, healthcare investors and specialty lenders on the intersection of federal and state regulations and transactional matters. Ms. Feist's practice focuses on federal and state fraud and abuse matters, including Stark, anti-kickback laws, and the False Claims Act and Medicare/Medicaid enrollment. Additionally, she provides counsel on the development and implementation of compliance programs and policies, and she advises clients on Health Insurance Portability and Accountability Act (HIPAA) and patient privacy issues.

Khaled J. Klele
Partner
McCarter & English

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.

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.  

Callan G. Stein
Partner
Troutman Pepper Locke LLP

Mr. Stein is an experienced trial attorney who represents clients in complex civil, white collar criminal, and RICO litigation matters and state and federal government investigations. As a seasoned trial attorney, he has served for years as a faculty member for the National Institute for Trial Advocacy (NITA) and the firm’s trial advocacy program for associates. With a background as a trial attorney in both civil and criminal matters, Mr. Stein is uniquely positioned to handle litigation involving the Racketeer Influenced and Corrupt Organizations Act (RICO). He has extensive experience defending businesses and individuals across a broad spectrum of industries who have been accused of either civil or criminal RICO violations. Mr. Stein has successfully tried and arbitrated RICO cases that allege all manner of racketeering activity, including mail fraud, fraud wire, money laundering, embezzlement, homicide, and violations of federal statutes such as the Food, Drug and Cosmetics Act and the Controlled Substances Act. Cal hosts the “RICO Report,” a podcast series devoted entirely to the RICO statute.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, February 11, 2025

  • schedule

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

  1. Overview of surveys and survey process
  2. Effect of Loper Bright
  3. Key changes affecting residents
  4. Key changes affecting facilities or chains

The panel will review these and other key issues:

  • Do the changes reflect real world LTC residency and operations?
  • How do the changes intersect with new staffing requirements?
  • What changes are most likely to affect LTC litigation for plaintiffs and for defendants?