Author: Kathleen Steele Gaivin

The Department of Labor (DOL) has announced a significant shift in its enforcement strategy, effectively pausing the implementation of the Biden-era independent contractor rule. This move, revealed in a recent field assistance bulletin, signals a potential reprieve for nursing homes and long-term care facilities grappling with the rule’s implications.    The rule, which went into effect in March 2024, aimed to tighten the criteria for classifying workers as independent contractors, using an “economic realities” test. This test broadened the factors considered, making it potentially harder for employers to classify workers as independent contractors. Now, the DOL has instructed its Wage…

The landscape of data privacy is shifting dramatically, and the nursing home industry is not exempt. Eight states are set to implement new privacy laws in 2025, creating a complex web of compliance requirements for businesses nationwide, according to legal experts at Fisher Phillips. This surge in legislation signals a growing emphasis on consumer data protection, demanding that organizations, including those in skilled nursing, adapt rapidly. “2025 is poised to be a landmark year for privacy law enforcement. States are increasingly prioritizing privacy enforcement, with many new laws coming into full effect,” wrote law firm partners Danielle Kays and Monica…

A recent listeria outbreak linked to frozen supplemental shakes has resulted in a nationwide recall and tragically, multiple deaths and hospitalizations, primarily affecting residents of long-term care facilities. The FDA announced the recall of all Lyons ReadyCare and Sysco Imperial Frozen Supplemental shakes after discovering the contamination. “This outbreak underscores the critical importance of food safety protocols in healthcare settings, especially within nursing homes where residents are often more vulnerable to foodborne illnesses,” stated an FDA spokesperson. The outbreak, which the CDC reports dates back to 2018, has resulted in 38 reported illnesses, 37 hospitalizations, and 11 deaths. A significant…

The Centers for Medicare & Medicaid Services (CMS) is tightening its grip on nursing homes’ use of third-party financial guarantees, aiming to curb practices that shift the financial burden of resident care onto others. According to updated guidance set to take effect in March, any language in admission agreements that seeks to hold someone other than the resident personally responsible for payment could be deemed non-compliant, even if the word “guarantee” isn’t explicitly used. This move has sparked concerns that nursing homes may resort to more aggressive tactics, such as lawsuits, to recover unpaid resident debt. “It is becoming harder…