Long-Term Care Litigation articles from December 2002

Long-Term Care Litigation archives from December 2002

Report card on palliative care.
December 1, 2002... Released November 18, 2002, Last Acts' state-by-state analysis, "Means to a Better End: A Report on Dying in America Today," sets out statistics of the availability and use of good end-of-life care. The report also calls for specific action...

Opinion poll shows desire for improved palliative care.(Brief Article)
December 1, 2002... Along with the national report on end-of-life care, Last Acts simultaneously released a public opinion poll showing that the majority of Americans are critical of the care dying people in this country receive. The survey found that six in 10...

What plaintiff's counsel look for after a fall. (Practice Tip).
December 1, 2002... Plaintiff's counsel likely will tour the location where the nursing home resident's fall is alleged to have occurred. Counsel should visit their client at the facility around the same time the incident happened, seeking insight into...

National implementation of Quality Indicators premature. (In brief: news & studies).(Brief Article)
December 1, 2002... On November 12, 2002, the Nursing Home Quality Initiative Program launched nationwide. On November 13, the General Accounting Office (GAO) released a report calling the implementation of the quality measures premature. "CMS's initiative to...

Resident's death highlights need for oral care. (In brief: news & studies).(patient dies by swallowing dental bridge)(Brief Article)
December 1, 2002... "In the nursing home population, poor oral hygiene is common, with a 50 [percent] prevalence of dental caries." According to a recent report, the death of a 76-year old nursing home resident with Alzheimer's disease was hastened by poor oral...

Homicide by decubitus ulcers. (In brief: news & studies).(medical malpractice)(Brief Article)
December 1, 2002... The clinical literature reports recent aggressive government activity concerning the development of pressure ulcers (also known as bedsores, pressure sores, decubitus ulcers, or decubiti) by long-term care residents. Hawaii, for example,...

Focus regulations on quality care. (In brief: news & studies).(medical care quality and paperwork reduction)(Brief Article)
December 1, 2002... The U. S. Department of Health and Human Services (DHHS) Advisory Committee on Regulatory Reform issued its final report November 21, 2002, highlighting 255 specific recommendations for improving regulatory requirements across DHHS agencies....

Parolees in Illinois nursing homes. (In brief: news & studies).(Brief Article)
December 1, 2002... According to the Chicago Tribune, nursing home residents in dozens of facilities throughout the state are living with former prison inmates--among them 10 convicted murders and eight sex offenders--who were placed in the facilities by the...

Issue papers on nursing home care. (In brief: news & studies).(Brief Article)
December 1, 2002... The Kaiser Family Foundation has posted on its Web site two issue papers about nursing home care. "Nursing Home Staffing Standards" (www.kff.org/content/2002/4013) examines current federal staffing requirements and reviews how states regulate...

Elder abuse occurs more often at home. (In brief: news & studies).(Brief Article)
December 1, 2002... The National Center on Elder Abuse released a report on November 23, 2002, that finds most incidences of elder abuse occur in the older adult's home. Learn more at www.elderabusecenter.org/ newsletter/newsletter_021101.pdf

Cancer incidence data. (In brief: news & studies).(Brief Article)
December 1, 2002... On November 18, 2002, the most comprehensive federal data available on state-specific cancer incidence rates was released. "U.S. Cancer Statistics: 1999 Incidence," produced by the Centers for Disease Control and Prevention and the National...

Landmark study links pollution to increased health care use of older adults. (In brief: news & studies).(Brief Article)
December 1, 2002... The largest study ever conducted linking air pollution with medical care found that better pollution control would greatly reduce medical care use and save more than a billion dollars a year in health-care spending. The study, which appears...

Relationship between geriatric frailty, biology. (In brief: news & studies).(Brief Article)
December 1, 2002... Researchers at Johns Hopkins Bayview Medical Center have found evidence of a physiologic basis for the frailty often observed in geriatric patients. Frailty exacts an enormous toll on the health and well being of older adults. Frail older...

JAMA issue addresses aging. (In brief: news & studies).
December 1, 2002... The Journal of the American Medical Association's (JAMA) November 13 issue is devoted to aging. Find the full text for one of the six research articles, "Effects of Cognitive Training Interventions With Older Adults," online at...

States tackle medical malpractice. (In brief: news & studies).(Brief Article)
December 1, 2002... A report released December 5, 2002, by the National Governors Association Center for Best Practices suggests tort reform, insurance market intervention, alternative dispute resolution, and reduced medical errors are ways that states can...

Report helps older Pennsylvanians choose a Medicare managed-care plan. (In brief: news & studies).(Brief Article)
December 1, 2002... One out of four Medicare beneficiaries in Pennsylvania is enrolled in a Medicare managed-care plan. Beginning December 10, 2002, Medicare beneficiaries and their families can obtain a new report, issued by the Pennsylvania Health Care Cost...

Payment rules for hospice care. (Regulatory Review).(Brief Article)
December 1, 2002... Comment by January 21, 2003, concerning a proposed rule revising current regulations that govern coverage and payment for hospice care under the Medicare program. This rule would add established Medicare hospice policies, which previously...

Financial relationships between hospitals and home health agencies. (Regulatory Review).(Brief Article)
December 1, 2002... Comment by January 21, 2003, about a Centers for Medicare & Medicaid Services proposal to establish a process for collecting information about hospital referrals of Medicare patients to home health agencies (HHAs) and other entities with...

Older Americans Act. (Regulatory Review).(Brief Article)
December 1, 2002... The Administration on Aging (AoA) announced December 4, 2002, that it plans to submit the Second National Outcome Measures Surveys of Older Americans Act (OAA) Clients to the Office of Management and Budget for approval. The AoA will draw...

Medicare claim appeals procedures. (Regulatory Review).(Brief Article)
December 1, 2002... The Centers for Medicare and Medicaid Services (CMS) issued a proposed rule implementing changes to the Medicare claim appeals process pursuant to Section 521 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of...

Information collection activities. (Regulatory Review).
December 1, 2002... The Centers for Medicare & Medicaid Services would like to extend currently approved collections involving physician certifications/recertifications in skilled nursing facilities (67 Fed. Reg. 71,570 (Dec. 2, 2002)) and resident assessment...

2003 physician fee schedule delayed. (Regulatory Review).
December 1, 2002... The Centers for Medicare & Medicaid Services (CMS) is delaying publication of the physician fee schedule for calendar year 2003 due to concerns about the accuracy and completeness of data used to establish the schedule. According to CMS,...

Medicare ambulance payments. (Regulatory Review).(Brief Article)
December 1, 2002... The Medicare program will pay 1.1 percent more for ambulance services during 2003. The increase affects the fee schedule portion and the reasonable charge/cost portion of the blended payment amount paid to ambulance providers/suppliers. [See...

Reimbursement for photocopying medical records. (Regulatory Review).(Brief Article)
December 1, 2002... Comment by January 21, 2002, on a proposed rule that would increase the rate of reimbursement for expenses incurred by prospective payment system hospitals for photocopying medical records requested by Quality Improvement Organizations...

Ambulatory surgical centers. (Regulatory Review).(Brief Article)
December 1, 2002... The Centers for Medicare and Medicaid Services announced its decision to approve the Accreditation Association for Ambulatory Health Care's (AAAHC) application as a national accrediting organization for ambulatory surgical centers seeking to...

Physical environment of nursing homes: a legal perspective. (Risk Management).
December 1, 2002... Federal regulations mandate that nursing homes be "designed, constructed, equipped, and maintained to protect the health and safety of residents, [facility] personnel, and the public." [42 C.F.R. [section] 483.70 (emphasis added).] This...

Nursing home industry profitable; cries of poverty don't add up. (Perspectives).
December 1, 2002... U.S. News & World Report examined nursing home industry finances and concluded that the industry is profitable and growing, with "operators spinning a far brighter tale for Wall Street than for Capitol Hill." In fact, "[m]any nursing homes...

Fatal Chronic Illness Act. (Federal Legislation).
December 1, 2002... The Living Well with Fatal Chronic Illness Act of 2002 (H.R. 5139) would amend title XVIII (Medicare) of the Social Security Act to provide certain caregivers with access to Medicare benefits and amend the Internal Revenue Code to require an...

Alzheimer's Disease. (Federal Legislation).
December 1, 2002... The Alzheimer's Disease Research, Prevention, and Care Act of 2002 (S. 2059) would expand the purposes of the National Institute on Aging by making Alzheimer's disease research a priority. It would require the Director of the Institute to:...

Improving Access to Long-Term Care. (Federal Legislation).(Brief Article)
December 1, 2002... The Improving Access to Long-Term Care Act of 2002 (H.R. 4946) proposes, among other things, to amend the Internal Revenue Code to permit a deduction for an applicable percentage of eligible long-term care premiums paid by a taxpayer for...

Tort reform in Kentucky. (State Legislation).
December 1, 2002... In a statement released December 6, 2002, the Kentucky Hospital Association and Kentucky Medical Association joined together to applaud legislation calling for medical liability reform as the first bill introduced in the upcoming session of...

Using the Internet to research elder falls. (Internet Resource Review).
December 1, 2002... More than 50 percent of nursing home residents fall annually; more than 40 percent experience repeat fall occurrences. About 11 percent of falls result in significant injury (e.g., hip fracture), often leading to hospitalization and further...

Using the Internet to research pressure ulcers. (Internet Resource Review).
December 1, 2002... According to a recent study undertaken in Florida, nearly 60 percent of nursing home lawsuits involve allegations of developing or worsening pressure ulcers, also known as pressure sores, bedsores, decubitus ulcers, or decubiti. Many...

Tracking state legislative activity. (Internet Resource Review).(Brief Article)
December 1, 2002... Obtain legislative information directly from state legislative Web sites. An excellent source of information for such legislative activity is the Piper Resources Guide, www.piperinfo.com/state/index.cfm, which supplies links to all 50 state...

White House launches new web site on disabilities. (Internet Resource Review).
December 1, 2002... On October 15, 2002, the Bush Administration launched a new Web portal designed for people with disabilities, called DisabilityInfo.Gov, as part of the President's New Freedom Initiative. It offers Americans with disabilities--and their...