CMS

CMS targets more providers with pivot to tougher surveys

CMS targets more providers by more closely monitoring and inspecting hospitals with high COVID-19 transmission rates. The new emphasis follows months of intense federal scrutiny of nursing homes, and recent statements by Jon Blum, principal deputy administrator and COO for CMS, indicate the agency is widening its enforcement lens. Read the whole story >>

Apply the guidance and timing of communication from federal and state agencies from the initial stages of the COVID-19 pandemic to current directives to document compliance for any given date range. Timelines are available for the continuum of healthcare settings including acute care, assisted living and skilled nursing.

LEGAL

Covid-related nursing home lawsuits to “skyrocket” with protections on shaky ground

Litigators are looking to test nursing homes’ legal protections. While federal protections like the Public Readiness and Emergency Preparedness (PREP) Act provide at least a partial legal shield to nursing homes, an influx of Covid-related lawsuits could be coming down the pipeline.

New York law firms in particular are rushing to file, with the state’s statute of limitations approaching for claims that occurred during the first wave of Covid.

Lisa Ann Ruggiero, a partner at Locke Lord’s New York and New Jersey offices, said she has seen anywhere from 700 to 800 Covid-related lawsuits filed across the health care industry, including skilled nursing. That’s about 20-30 cases per week, she estimated. Read the whole story >>

Excelas’ Comprehensive Integrated Timeline Tool (CITT pronounced “kit”) allows clients to incorporate an individual patient’s or resident’s medical chronology into an organization’s response, state and/or federal timelines, to illustrate the full picture of its COVID-19 compliance. Excelas built this framework to allow clients to respond quickly in this unpredictable legal and regulatory environment.

CMS

CMS phasing out certain COVID-19 regulatory waivers in long-term care facilities, hospices, and ESRD facilities

Certain COVID-19 emergency declaration blanket waivers are being phased out by the federal government, and health care providers should take steps to determine whether current arrangements are compliant.

As background, in response to the COVID-19 public health emergency CMS previously enacted extensive temporary COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers. However, the Centers for Medicare and Medicaid Services (CMS) have now determined that various regulatory requirements must be restored in order to protect the health and safety of residents in long-term care facilities

MILESTONES

Excelas celebrates 17 years in business

Some of the Excelas, LLC team enjoyed celebrating 17 years in business, starting with an art tour led by docent Paul at the Cleveland Museum of Art followed by fellowship and food in Little Italy!

As a work from home organization, it is always wonderful to spend time together!

METRICS

Through April 30, 2022, Excelas, LLC has delivered customized solutions to our healthcare clients:

13,606   Records/Cases Reviewed
17,476,179   Pages reviewed
371  Nationwide Clients & Firms Supported

Team Metrics
4.71%   Average Voluntary Turnover 2012 – 2020
26%      Advanced Degrees
48%      Certifications

Excelas’ PREP Act Updates list summaries of relevant articles and selected court decisions, as well as additional recent court decisions, with hyperlinks for reference. The attached update is the most recent, including listings through April 2022.