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New CMS Long-Term Care Surveyor Guidance: Key Changes Affecting Residents and Facilities, Compliance, and Litigation

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 11, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 17, 2025

or call 1-800-926-7926

This CLE webinar will review the impact on compliance and litigation of the Centers for Medicare & Medicaid Services' (CMS) updated long-term care survey guidelines effective Feb. 24, 2025. The panel will also discuss the impact on litigation of surveys and citations and best practices for plaintiffs and defendants.

Description

Nursing home surveys are used to determine a facility's compliance with both federal and state laws and the guidelines dictate how those surveys should be conducted. Surveys for the subject facility and for related facilities in the same chain can be valuable tools for plaintiffs. Violations of relevant regulations may be admissible on everything from liability to punitive damages. Thus, for defendants, identifying any survey or citation issues is essential to correctly and realistically evaluating liability and defense options.

On Nov. 18, 2024, the CMS released major changes to CMS' long-term care survey guidelines that inspectors will begin using on Feb. 24, 2025: "Long-Term Care (LTC) Surveyor Guidance Process: Significant Updates Aim to Enhance the Quality and Oversight of LTC Surveys." Changes in these guidelines mean changes in what constitutes a deficiency and how they may be addressed with respect to both existing and new regulations. Significant changes concern admission, transfer, and discharge processes, including prohibiting language in admission agreements that requests or requires a third-party guarantee of payment, medication management, infection control, and health equity considerations.

Listen as this stellar panel of attorneys helps nursing home attorneys understand what the new CMS guidelines say and which guidelines will have the most impact on their practices, whether plaintiff or defense.

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Outline

  1. Overview of surveys and survey process
  2. Effect of Loper Bright
  3. Key changes affecting residents
  4. Key changes affecting facilities or chains

Benefits

The panel will review these and other key issues:

  • Do the changes reflect real world LTC residency and operations?
  • How do the changes intersect with new staffing requirements?
  • What changes are most likely to affect LTC litigation for plaintiffs and for defendants?

Faculty

Feist, Jane
Jane Elizabeth Feist

Attorney
Holland & Knight

Ms. Feist is a healthcare attorney in Holland & Knight's Nashville office. She advises hospitals, health...  |  Read More

Klele, Khaled
Khaled J. Klele

Partner
McCarter & English

Mr. Klele provides counsel to a variety of providers including long-term care facilities, ambulatory surgery centers,...  |  Read More

Schall, Victoria
Victoria A. Schall

Owner
Schall At Law

Ms. Schall concentrates her practice on civil litigation claims for nursing home abuse and neglect, medical...  |  Read More

Stein, Callan
Callan G. Stein

Partner
Troutman Pepper Hamilton Sanders

Mr. Stein is an experienced trial attorney who represents clients in complex civil, white collar criminal,...  |  Read More

Attend on February 11

Early Discount (through 01/17/25)

Cannot Attend February 11?

Early Discount (through 01/17/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video