Nursing home SCOTUS case to be heard in November

Nursing Home SCOTUS Case - Excelas LLC
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As nursing home SCOTUS case looms, flood of briefs support plaintiff

A nursing home SCOTUS case hearing in November to determine if state-owned facilities are shielded from federal lawsuits received more than 20 amicus briefs. Some litigators believe the Supreme Court’s decision to hear the case could dissuade state-owned entities from owning nursing homes in the future.


SCOTUS balks at hearing nursing home arbitration rule case

The nation’s highest court has declined to weigh in on a case involving a federal arbitration rule that nursing home industry groups argue places “burdensome” requirements on facilities.

In its “friend of the court brief”, regarding the case of Northport Health Services of Arkansas, LLC v. Department of Health and Human Services, et al, the Arkansas Health Care Association argued that the federal rule forces facilities to abandon arbitration which therefore harms its state’s members and other long-term care facilities because litigating claims is more costly.


Improving wound care with software

Healthcare organizations are utilizing new technologies, such as smart bandages and tissue analytics (TA), to monitor wounds/pressure injuries in real time, and changing care management plans as needed. The EMR facilitates sharing of measurements and images among the care providers to improve treatment plans.

Such technology helps avoid hospital-acquired pressure injuries (HAPIs), which the Centers for Medicare & Medicaid Services estimates can add tens of thousands in costs to a hospital stay, with severe cases running into the hundreds of thousands of dollars. Read the whole story >>

Pressure ulcers are often low-hanging fruit for plaintiff’s lawyers, because many residents in elder care facilities are already at risk for developing skin integrity issues. A wound care policy combined with complete, accurate documentation wil go a long way in proving your facility took all appropriate skin prevention and treatment measures.


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

13,799   Records/Cases Reviewed
17,895,162   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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