FNRHA

Talevski Decision now allows alleged violations under FNHRA

The Talevski Decision sidesteps protections in Indiana.   Ice Miller LLP shared insight on how the June 8, 2023 Talevski Decision now allows plaintiffs to file claims in Indiana (in either state or federal court) against nursing homes alleging violations of residents’ rights under the Federal Nursing Home Reform Act (FNHRA).

As Jason Lundy and Angela Rinehart mention, “the new environment (which sidesteps Indiana state tort reform protections) is similar to what nursing homes—private, non-profit, and government-owned—in other states live with already.”

SKILLED NURSING FACILITIES

Litigation pitfalls for SNF operators

Pitfalls for SNF operators are related to bringing 1099 workers, or independent contractors, for clinical positions into facilities.

Today, they form almost 25% of the workforce, according to data from the Bureau of Labor Statistics. This increase in independent contractors, especially in the ranks of clinical 1099 workers, brings on more liability upon nursing homes. Part of the reason stems from facilities not being able to train 1099 workers due to legal ramifications.

And yet, facilities – and staffing agencies that provide them – can still be held legally responsible for the incompetence of 1099 workers, as a number of lawsuits show. All in all, greater staffing agency use has meant more 1099 workers and more headaches for SNFs, and has resulted in congressional action as well.

LAST UPDATE

PREP Act

Now that the Public Health Emergency (PHE) has ended, Excelas’ PREP Act Updates will only be available to subscribers via the newsletter.

The last and latest list of summaries of relevant articles and selected court decisions, as well as additional recent court decisions, with hyperlinks for reference through May 23, 2023 is linked below.

EXCELAS COMMUNITY SUPPORT

Race for the Place

What an amazing Race for the Place! There were over 2,200 individuals registered for the 2023 Race for the Place, the sea of purple on race day was a sight to behold.

Thank you to all who supported Race for the Place! As of right now, they have raised $385,000 towards their goal of $395,00.

You can still donate at www.racefortheplace.org through June 30th!

IN THEIR OWN WORDS