Author: Charles Adams

Introduction: Texas AG Challenges Federal Rule Texas Attorney General Ken Paxton has joined the legal fight against the federal government’s new nursing home staffing mandate. The state’s lawsuit, filed Wednesday, aims to overturn a rule that many argue could financially cripple skilled nursing facilities, especially in rural areas. Legal Grounds: Questioning CMS Authority The Texas lawsuit, like those before it, challenges the authority of the Centers for Medicare & Medicaid Services (CMS). The mandate requires nursing homes to provide a minimum of 3.48 hours of direct nursing care per resident each day. It also mandates a registered nurse to be…

Editor’s Note: This update is provided to clarify a potential factual inaccuracy. Mercy Care remains committed to the Arizona Medicaid market and continues to serve its members. The recent developments, including the state’s decision to pause member transition activities, are specific to the ALTCS E/PD procurement and do not impact Mercy Care’s other vital services in the state. Phoenix, AZ – A looming crisis threatens Arizona’s healthcare safety net, particularly for seniors, as 2 of the top 3 insurers exit the state’s Medicaid program and a single entity, Arizona Complete Health (ACH), rapidly expands its footprint. This seismic shift in…

Introduction In the healthcare industry, skilled nursing facilities (SNFs) face immense challenges to provide essential care. Recently, concerns have emerged about the conduct of some staffing agencies. These agencies, once seen as crucial partners, now face accusations of exploiting financially vulnerable facilities. The conflict between Guardian Elder Care at Johnstown, LLC, and Focused Staffing Group, LLC (FSG) highlights these troubling allegations. Guardian Elder Care’s Financial Struggles Guardian Elder Care, filed for Chapter 11 bankruptcy. This move aimed to reorganize its finances while continuing care services. Guardian, a long-standing provider, has supported many families with essential services for elderly residents. Financial…

Long-Term Care Veteran to Lead Organization Following Dornberger’s Passing The National Association of Directors of Nursing Administration in Long-Term Care (NADONA) has selected Cindy Fronning as its new Executive Director. Fronning, previously the organization’s Director of Education, assumes leadership following the unexpected passing of Sherrie Dornberger. Dornberger’s loss is a significant setback for NADONA. However, the organization has demonstrated its resilience by appointing a seasoned leader to fill the void. Fronning’s extensive experience in long-term care, coupled with her deep knowledge of clinical reimbursement and certification, makes her a strong choice to guide NADONA forward. A Proven Leader Takes the…

Editor’s Note: This update is provided to clarify a potential factual inaccuracy. Mercy Care remains committed to the Arizona Medicaid market and continues to serve its members. The recent developments, including the state’s decision to pause member transition activities, are specific to the ALTCS E/PD procurement and do not impact Mercy Care’s other vital services in the state. Phoenix, AZ – In a stunning development that could have far-reaching implications for Arizona’s healthcare landscape, an Administrative Law Judge (ALJ) has delivered a scathing rebuke of the Arizona Health Care Cost Containment System’s (AHCCCS) procurement process. The ALJ has recommended that…

Tim Walz’s Nursing Home Strategy As the 2024 election heats up, Tim Walz, the Democratic vice presidential candidate, brings a compelling narrative: a strong track record in championing nursing homes and long-term care. Walz’s time as Minnesota governor highlights his deep commitment to seniors, a group with significant political influence. A Proven Commitment to Nursing Homes In 2023, Walz secured $173 million in funding for nursing homes. This move underscored his dedication to addressing the critical challenges in this sector. By prioritizing issues like staffing shortages and care quality, he positioned himself as a proactive leader on a topic often…

A Legal Blow with Devastating Consequences A recent court decision has rocked the healthcare industry, as CareOne, a prominent nursing home chain, lost a battle to shield its internal investigative documents from public view. This ruling marks a significant shift in the legal landscape, with far-reaching implications for patient care, provider liability, and the overall healthcare system. A Culture of Fear Replaces Transparency For decades, the healthcare industry has operated under the assumption that open and honest self-criticism is essential for improving patient safety. By protecting internal investigations from public scrutiny, providers were encouraged to identify and address errors without…

Philadelphia, PA – A Philadelphia jury’s recent $45 million verdict against Temple University Hospital is not merely a high-profile legal battle; it’s a stark reflection of a healthcare system under siege. While the case spotlights a tragic instance of medical malpractice, the broader implications extend far beyond this particular incident, threatening to undermine the quality of care for patients across the board. The escalating trend of astronomical jury awards, often termed “nuclear verdicts,” is casting a long shadow over the healthcare industry. These exorbitant payouts are placing an unsustainable financial burden on hospitals, forcing them to make difficult decisions that…

The nursing home industry, already grappling with a perfect storm of challenges including understaffing, rising costs, and the lingering effects of the COVID-19 pandemic, is now facing a new threat: the expansion of Civil Monetary Penalties (CMPs) by the Centers for Medicare & Medicaid Services (CMS). This policy shift, while ostensibly aimed at improving quality of care, is being met with widespread alarm and concern among nursing home operators. At the heart of the issue is the financial burden imposed by these expanded penalties. Nursing homes operate on razor-thin margins, and the imposition of significant fines for even minor violations…

PointClickCare, the behemoth of electronic health records (EHR) in post-acute care, is facing a major setback. A federal judge has ordered the company to open its data to Real Time Medical Systems, a smaller analytics firm, after finding evidence of anti-competitive behavior. The ruling is a significant win for Real Time and a potential game-changer for the broader healthcare industry. It highlights growing concerns about the dominance of a single vendor in a critical sector. Judge Paula Xinis of the US District Court for Maryland accused PointClickCare of using “unsolvable CAPTCHAs” to deliberately block Real Time’s access to patient data.…