Legal strategies that take the broader picture into account

Pennsylvania Revises Nursing Facility Licensure Regulations On October 28, 2022, the Independent Regulatory Review Commission (IRRC) voted to approve all four final form regulatory packages that had previously been submitted by the Pennsylvania Department of Health to overhaul the Commonwealth’s nursing facility licensure regulations. The new regulations will go into effect on July 1, 2023. …

On July 18, 2019, the Centers for Medicare & Medicaid Services (CMS) published its final rule that revised the arbitration agreement requirements for nursing facilities that participate in the Medicare and Medicaid programs.  In general, the final rule prohibited nursing facilities from requiring individuals to agree to arbitration as a condition of admission or continued…

Regulations associated with the Phase 3 Requirements were formally implemented on November 28, 2019.  However, the State Operations Manual was not updated to reflect the Phase 3 Requirements at that time, and CMS advised that surveys to assess compliance with the Phase 3 Requirements would not start until the issuance of the updated State Operations…