Adelman Law Firm attorneys stay closely apprised of what's happening in the world around us. Want to get more insight about recent case rulings, the latest news and trending topics regarding the legal industry? Browse through our publications below, and check back often.
PROFESSIONAL liability insurance essentials in the senior housing marketplace
Each year, Aon Global Risk Consulting’s Actuarial and Analytics practice conducts an actuarial analysis of general liability and professional liability claim costs for the long-term care profession in the United States. Click here to learn about the conclusions from the 2018 report, as well as essential insurance policies for the senior housing industry.
NURSING HOMEs must verify – oig’s feb. 2019 report
This month, the Department of Health and Human Services Office of the Inspector General issued “CMS Guidance to State Survey Agencies On Verifying Correction of Deficiencies Needs to Be Improved to Help Ensure the Health and Safety of Nursing Home Residents.” Click to read more about this report.
SNF QRP OMG
On Oct. 24, 2018, CMS announced the inaugural release of the Skilled Nursing Facility Quality Reporting Program (SNF QRP) quality data on Nursing Home (NH) Compare. Rebecca discusses what these new measures mean to you in her latest article.
PATIENT-DRIVEN PAYMENT MODEL – THE KEYS
On April 27, 2018, the Centers for Medicare & Medicaid Services issued a proposed rule outlining Fiscal Year 2019 Medicare payment updates and a proposed quality program for skilled nursing home facilities. Click here to read more about the three key provisions of the proposed rule.
ADELMAN LAW FIRM IS BACK!
I'm excited to share that I will be fully resuming operation of my firm, Adelman Law Firm. I will officially depart Hagwood Adelman Tipton this summer, and the transition will be complete by August 1. I look forward to the opportunities that lie ahead for Adelman Law Firm and the esteemed group of legal professionals who will join me in this continued venture.
LEGAL UPDATE: HEALTH CARE LIABILITY VS. ASSAULT AND BATTERY
In C.D. et. al. v. Keystone Continuum, LLC d/b/a Mountain Youth Academy, plaintiff, a minor, was a resident of Mountain Youth Academy, a trauma-focused residential treatment facility. The plaintiff got into a physical altercation with an employee of the defendant, Mountain Youth Academy. The complaint alleged, among other things, that the employee pulled the minor plaintiff to the ground and stomped on his foot, causing him injury.
#PSAW18 - UNITED FOR PATIENT SAFETY
Each year, the Institute for Healthcare Improvement’s United for Patient Safety campaign culminates with Patient Safety Awareness Week. This year, Patient Safety Awareness Week is March 11-17. The week designates a dedicated time and platform to increase awareness about patient safety among health care professionals and the public.
HIPAA Guidance – What you need to know about access
An important issue in health care litigation is the individual's right to access health information and the associated legal and regulatory considerations. This column explores the HIPAA Privacy Rule that provides a legal, enforceable right to see and receive copies of medical and other health records maintained by health care providers and health plans.
PUNITIVE DAMAGES – LINDENBERG and beyond
On Dec. 27, 2018, the Sixth Circuit Court of Appeals, a federal appellate court ruled that the current statutory cap on punitive damages in Tennessee is unconstitutional. Click here for a primer on punitive damages; an overview of Lindenberg; and what may be expected going forward.
Emergency Preparedness: Stay Proactive – The Critical Elements and Productivity
Over the past few months, numerous hurricanes have caused catastrophic damage. In the senior-housing community, this can lead to trauma and displacement among residents and loss among families and employees. In collaboration with Robert Young, International Goodwill Ambassador for Blue Team Restoration, we take a look at the actions needed to accurately prepare for emergency situations.
ASSISTED LIVING LAWSUITS: AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE
As the population across the country ages, assisted living continues to grow in popularity. Resident care litigation risk has been emerging with more frequency as the mission and vision of assisted living communities evolve. Aging in place is a central philosophical aim of the assisted living movement, and the acuity levels of residents are higher and needs are increasing through the residency.
OVERVIEW OF THE REPORT TO THE NATIONAL ADVISORY COUNCIL ON ALZHEIMER’S RESEARCH, CARE AND SERVICES
In October 2018, the U.S. Department of Health and Human Services (DHH) and the Foundation for the National Institutes of Health (through private sector support) held its first National Research Summit on Care, Services and Supports for Persons with Dementia and their Caregivers (the Summit). The report to the Advisory Council on Alzheimer’s Research, Care and Services presents the results of the Summit.
LEGAL UPDATE: EVIDENCE PRESERVATION AND ESI
The recent case of EPAC Technologies, Inc. v. HarperCollins Christian Publishing, Inc., 2018 WL 1542040 (M.D. Tenn. March 29, 2018) provides a detailed example of the pitfalls of an inadequate litigation hold and the complexities of preserving ESI. The case revolves around a contractual dispute between a book publisher and a printing company, and it provides an interesting case study in the application of the changes to the Federal Rules of Civil Procedure governing spoliation of Electronically Stored Information (“ESI”).
DEMENTIA CARE: POSITIVE INITIATIVES
This month, Human Rights Watch (HRW) published its 157-page report "'They want docile:' How Nursing Homes in the United States Overmedicate People with Dementia." The report documents, per HRW, nursing facilities’ inappropriate use of antipsychotic drugs in older people, as well as the administration of the drugs without informed consent. While the report uncovered a troubling trend, HRW does not reference the more than 16,000 nursing facilities providing long-term care services and support to meet patients’ needs and respect their rights.
SENATE FINANCE COMMITTEE HEARING ON NURSING HOME ABUSE: ONLY ONE SIDE OF THE COIN
On Mar. 6, 2019, the Senate Finance Committee heard testimony on reported instances of abuse and neglect in nursing homes and on the federal-state oversight system's enforcement of laws and regulations designed to prevent these situations from developing. This article provides an overview of witness testimony.
PBJ – STAFFING LEVELS AND STATE OVERSIGHT
On Nov. 30, CMS announced that it will use PBJ data to bolster state oversight of nursing homes, effective immediately. To read more about these new staffing regulations in nursing homes and long-term care facilities, click here.
Another DRI LTC/AL Conference Has Passed – An Overview
The Defense Research Institute (DRI) hosts an annual Nursing Home and Assisted Living Litigation conference. This year, the conference met in New Orleans, and Adelman Law Firm was proud to serve as a sponsor. Click here for a recap of this year's conference.
CULTURAL COMPETENCY IN SENIOR HOUSING FOR LGBT OLDER ADULTS
The long-term care industry is founded on the desire to create a bright future in aging for everyone, regardless of identity. As a lawyer, I advocate for equal protection for all older adults. I have witnessed the diversity movement being driven by legal compliance in my employment law and health care areas of practice.
SPRING CLEANING: DO I REALLY NEED 20 FORKS?
If you visited my home or office or looked in my gym bag, you’d know I’m organized. Everything has its place. This spring, though, as I transitioned my spring clothes into view and moved my winter clothes into the back closet, I realized I didn’t need or want “everything”
OVERVIEW: SIXTH ANNUAL LITIGATION RISK AND DEFENSE STRATEGIES FOR LONG TERM CARE & ASSISTED LIVING PROVIDERS, INSURERS, AND BROKERS CONFERENCE
The 2018 Litigation Risk and Defense Strategies for Long-Term Care & Assisted Living Providers, Insurers, and Brokers Conference was a great success and lots of fun! On April 4 and 5, Hagwood Adelman Tipton, co-host firms and a distinguished group of industry experts gathered with our special guests in Houston for the sixth annual conference. More than 100 professionals joined to network, attend education sessions and enjoy Houston, home of the World Champion Houston Astros. There are many stories to tell and we look forward to returning to Memphis, where the conference began, for our seventh anniversary next year. Please mark your calendar for April 3-4, 2019! Stay tuned for details.