The PREP Act and State Laws: COVID-19 in Long-Term Care Settings

PREP Act and State Laws Excelas Medical Legal Solutions

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As of June 2021, the Hunton Andrews Kurth COVID-19 Complaint Tracker reported that 255 wrongful death suits have been filed against healthcare providers, with LTC providers accounting for at least 20% of those cases.

California, Florida, Texas, New Mexico and Kansas account for over half of these claims. Many states have implemented immunity provisions for healthcare facilities, including senior living, as a result of the pandemic. In addition, the Public Readiness and Emergency Preparedness Act (PREP Act) provides some immunity to facilities on the federal level. However, the PREP Act and state immunity provision have not preempted state tort claims in all cases to date.

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Vaccinated people infected with delta variant might be contagious, CDC says in justifying mask guidance

Excelas, LLC continues to collect and organize information issued by the CDC. While we thought life was resuming to normal, the Delta COVID19 variant is continuing to spread.



Are national standards on the horizon for the Senior Living Industry?

Beginning July 1, 2021 assisted living  facilities can apply for accreditation through The Joint Commission. The standards address the environment, staffing, emergency management, dementia care, medication management, provision of care and services, process improvement and more.

In addition to the standards, the accreditation program will require organizations to track and report on five standardized performance measures: off-label antipsychotic drug use, resident falls, resident preferences and goals of care, advanced care plan/surrogate decision-maker and staff stability.

The Joint Commission is the nation’s oldest and largest standards-setting and accrediting body in healthcare.



How Excelas is supporting long-term care providers

As organizations wait for judges to arbitrate the PREP Act and state immunity provisions, this precious time can be used to continue to prepare. Excelas’ structured timelines are an excellent way to document, preserve, organize, and present the actions taken to ensure a safe environment duing the initial stages of the COVID-19 outbreak in March, up to and including any current changes made by your organization.

Through our proprietary software, all information can be merged into an individual patient or resident’s medical chronology to exhibit a comprehensive, sequential record of all relevant standards and expectations at a specific point in time.

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Trends in CMS Skilled Nursing Penalties

Unnecessary regulation is the main concern that health care providers raised with officials: “Rather than spending quality time with their patients, the providers are spending time complying with regulations that get in the way of caring for their patients and doesn’t increase the quality of care they provide.”

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