Federal LTC COVID cases head for November action

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California LTC COVID case appeal set for November 15, 2022

A Californic LTC COVID case is one of two cases that could play a pivotal role in determining how well skilled nursing providers are protected by a federal COVID shield law are headed for important federal court dates.

In the Garcia case, survivors of a resident who died at a Welltower-owned Sunrise Senior Living building in California sued, arguing staff failed to take sufficient measures to protect him.

A lower court dismissed the case, finding the Public Readiness and Emergency Preparedness, or PREP, Act completely preempted such negligence claims. How the Ninth Circuit proceeds carries enormous weight for skilled nursing operators who have so far been fairly well shielded from costly COVID-related legal challenges.Glenn Fox, a shareholder with Saul Ewing, said it was critical for providers to keep up their COVID task forces and maintain and ensure compliance with policies regarding infection control now.Excelas has a tool designed specifically for the task of assuring compliance and identifying any gaps. Check out the COVID-19 Comprehensive Integrated Timeline Tool.


CMS to ‘crack down’ on troubled nursing homes

In its increasing scrutiny of the skilled nursing industry, the Biden administration is toughening requirements for nursing homes that fall into its Special Focus Facilities (SFF) program.“Let us be clear: we are cracking down on enforcement of our nation’s poorest-performing nursing homes,” said Department of Health and Human Services (HHS) Secretary Xavier Becerra.Industry insiders are concerned that punitive measures will hurt access to care, disincentivize good operators to save buildings and send a degrading message to caregivers. Read the whole story >>

When you want to verify how well your facility is complying with regulatory standards, an internal audit may be in order. Excelas can objectively review a sample of your records—no matter how big or small—to assess the criteria you specify. Common areas of focus include skilled nursing facility and therapy documentation, hospice compliance with Medicare requirements, Medicare and Medicaid fraud and waste, and necessity for prolonged services in acute settings.


Works, Plays & Helps Save Our Strays

Carrie Benci Excelas LLC Medical Legal SolutionsCarrie Bencic, Manager, Client Relationships at Excelas, LLC blends work, play and as a rescue volunteer at the Cuyahoga County Animal Shelter in Cleveland, Ohio.The shelter’s comforts are functional and spare. Carrie’s companionship keeps pups like Naomi socialized, exercised, and hopeful. Walking shelter dogs is part of Carrie’s well-being routine.(click on the image to learn more about rescue and pets for adoption)


Through October 31, 2022, Excelas, LLC has delivered customized solutions to our healthcare clients:

13,838   Records/Cases Reviewed
17,917,539   Pages reviewed
374  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. We are continually updating cases as information becomes available. If you have insights to share, we welcome your contribution, with credit. The attached update is the most recent, including listings through October 2022.

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