On October 4, 2016, CMS published its Final Rule, Reform of Requirements for Long Term Care Facilities, in the Federal Register. The final rule imposes the most sweeping changes to the long term care industry since 1991. CMS received almost 10,000 comments prior to its adoption of the final rule, some of which seemed to make a difference, while others did not. A court battle is currently being waged regarding one of the more controversial aspects of the final rule: CMS’ ban on pre-dispute arbitration agreements. Failure to comply with the myriad requirements in the final rule could have dire consequences.
Because the final rule is so massive in its impact, CMS has required its implementation in three phases over the next three years – the first of which already began on November 28, 2016. This webinar program attempts to address the more salient requirements imposed on all skilled nursing facilities (SNF) that participate in the Medicare and Medicaid programs. Many of the key regulations that have been added and/or modified will be reviewed with practical suggestions for providers to achieve substantial compliance.
- Summarize the new definitions CMS has created for critical terms, such as "abuse," "neglect," and "person-centered care"
- Define and effectively comply with the new requirements regarding the transfer and discharge of residents
- Explain why the new CMS regulation regarding pre-dispute arbitration is currently in flux, pending judicial review
- Outline the cost of non-compliance with the new regulations, including enforcement actions, such as civil money penalties that may well exceed $1 million, Denial of Payment for New Admissions, temporary management imposed by CMS or the state department of health, and even termination from the Medicare and Medicaid programs
About the Speaker
Alan Horowitz, Esq.
Arnall Golden Gregory
Alan C. Horowitz, Esq., is a partner at Arnall Golden Gregory. He is a former assistant regional counsel, Office of the General Counsel, U.S. Department of Health and Human Services. As counsel to CMS, he was involved with hundreds of enforcement actions and successfully handled appeals before administrative law judges, the board and in federal court. He also has clinical healthcare experience as a registered respiratory therapist and registered nurse.
*This program is pending approval by the National Association of Long Term Care Administrator Boards. For additional information, contact NAB at 1444 I St., NW, Suite 700, Washington, DC 20005-2210, (202)712-9040, or http://www.nabweb.org*