News & Notes

WELCOME TO W&A'S NEWS AND NOTES SECTION, WHERE YOU WILL FIND USEFUL UPDATES AND LINKS TO CURRENT EVENTS.

Health Care Law Debate, Calling for Supreme Court Justice Disqualification
Specifically, questions have arisen regarding Justice Elena Kagan and her time as solicitor general as well as Justice Clarence Thomas' wife's affiliation with groups against the law. Read Entire Article

The Supreme Court to Hear Arguments on Obama Health Care Changes
Federal appeals courts have been split on whether the health care law is constitutional. Read Entire Article

Senate Hearing Seeks Improvement in Assisted Living Oversight
Improving oversight of assisted living facilities will be the hot topic at a hearing of the Senate Special Committee on Aging this afternoon. The “Ensuring quality and oversight in assisted living” hearing is a direct result of a media investigation that uncovered multiple violations at various assisted living facilities in Florida, allegedly resulting in deaths. The hearing will examine oversight at both the federal and state level, as well as enforcement abilities of organizations such as the Centers for Medicare & Medicaid Services. It will be chaired Aging Committee member Sen. Bill Nelson (D-FL).
To watch the hearing click on this link http://aging.senate.gov/hearing_detail.cfm?id=334636&

Long Term Care Program Known as Class Act, Cut
The Obama administration said it is unable to implement a long term care insurance program that was part of the 2010 health overhaul, effectively ending the program before it started. Read Entire Article

Defense Verdict for Evergreen Healthcare and Extendicare
11-1 defense verdict in a Snohomish County, WA case after a 4-week trial.

Fourth Circuit rejected challenges to the federal health-care overhaul
Due to the split in Circuit Court rulings, it is almost certain the Supreme Court will need to step in and resolve the disparate rulings.
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A nationwide law enforcement crackdown has charged 91 people with engaging in Medicare fraud resulting in $295 million in false billing. Charges were filed in Baton Rouge, Brooklyn,Chicago, Dallas, Detroit, Houston; Los Angeles and Miami. Read Entire Article

Terminix finalized a $1.5 million settlement
Workers claimed that they had been required to work long hours without overtime, rest breaks and meal periods. In a different case, California state judge James Kleinberg ruled in favor of Granite Rock Company, a construction-materials producer that was sued for more than $6 million for allegedly failing to provide off-duty meal periods to workers or, alternatively, to pay the workers an additional hour of pay in lieu of meal breaks.
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SB 558 has been suspended in the California State Assembly. This bill sought to lower the burden of proof in elder abuse cases from "clear and convincing evidence" to a "preponderance of evidence". Bill Status | Bill History

Kindred To Buy Calif.-Based Home Health Firm for $51M
Kentucky-based Kindred HealthCare will purchase Walnut Creek, Calif.-based Professional HealthCare for $51 million in cash. Professional HealthCare provides home health, hospice and private duty nursing services, as well as durable medical equipment. The acquisition is expected to close by the end of the third quarter.

Individuals Cannot File Civil Rights Action for Operators' Violation of Federal Nursing Home Rules
A former nursing home patient cannot sue for violations of the Federal Nursing Home Reform Amendments because Congress did not intend to create a private right of action, a Federal Court has ruled. Read Entire Article

Mental Incapacitation Not a Factor in Signing Nursing Home Arbitration Agreement
A Kentucky Federal Court ruled that an arbitration agreement signed by a nursing home resident is enforceable, even though the 74-year-old woman said she suffered from a major mental disorder.The suit was brought against Life Care Center of Bardstown.

U.S. Supreme Court Rules Upholds Waiver of Class Actions Rights in Arbitration Agreements
U.S. Supreme Court reversed the Ninth Circuit Court of Appeals and held that arbitration agreements that include class action waivers are enforceable. The case began when Plaintiffs, alleging fraud and false advertising, brought a class action against AT&T. The phone service agreement signed by Plaintiffs provided for dispute resolution for all claims, including a prohibition against bringing any claims in a class action. The District Court found this waiver as unconscionable and thus, unenforceable. The Ninth Circuit affirmed, holding that the Federal Arbitration Act (FAA) did not preempt California case law on unconscionability. The Supreme Court held that California law on unconscionability, as applied to the prohibition on class action waivers in arbitration agreements, is preempted by the FAA and the arbitration clause must be enforced as written. Justice Scalia wrote, “States cannot require a procedure that is inconsistent with the FAA, even if it is desirable for unrelated reasons.” Analysts believe that this ruling appears to apply to arbitration agreements in the employment context as well. Case: AT&T Mobility LLC v. Concepcion, No. 09-893 (Apr. 27, 2011).

More People Entering CMS System
With the passage of new health-care legislation last year, 32 million more people are expected to enter into a health-care system. The new health-care law created a Center for Medicare and Medicaid Innovation charged with identifying, testing and spreading new ways of delivering and paying for care. Read More

SB 558 - Modification of Burden of Proof
Sen. Joe Simitian (D-Palo Alto) introduced a bill (SB 558) that would lower the burden of proof in elder abuse cases from "clear and convincing evidence" to a "preponderance of evidence". Read Entire Bill.

Adequate staffing has always been a difficulty for hospitals now robots may be there to help Read More

Planning for End of Life Issues Reduces Costs
Studies by the Journal of the American Geriatrics Society show that documented end-of-life wishes, which become part of medical orders in a patient’s record and are co-signed by doctors, can help reduce the use of costly end-of-life care that isn’t wanted by patients. Read More

SNF's with High Ratings Sued At Same Rate As Lower Rated Facilities
Nursing homes with high quality ratings are sued almost as often as lower performing nursing homes, according to a new study published by the New England Journal of Medicine. Additionally researchers found litigation or its likelihood does not necessarily result in better care. Researchers led by David M. Studdert, LLB, Sc.D., of the University of Melbourne in Australia analyzed information about nursing home lawsuits provided by five large U.S. nursing home chains, between 1998 and 2006. On average, each nursing home received one claim every two years. The most common lawsuits responded to falls (26.6%) and pressure ulcers/bed sores (15.9%).

Are There Enough Doctors?
Experts warn there won't be enough doctors to treat the millions of people newly insured under the law. At current graduation and training rates, the nation could face a shortage of as many as 150,000 doctors in the next 15 years, according to the Association of American Medical Colleges.
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Congress passes legislation preventing payment cuts to physicians for one year. Read More

AARP creates list of important questions and information families should have about their elderly loved ones. Read More

Medicaid Grant Could Spark Fight for Dollars - Daily Journal, 11/4/10
The Obama administration announced November 2, 2010 that it will award California $10 billion in federal funding for the state's Medicaid program over the next five years. The funding boost could set the stage for a fight between public and private hospitals as most of the money will likely go to public hospitals.

House approves Health Law Repeal. Despite this vote, the law is all but certain to remain in place for now. Read More

Orange County Hospitals Fined
Three Orange County hospitals have been fined for medical errors likely to cause serious patient injury or death. The state report said hospital staff failed to prevent upwards of 11 pressure ulcers or report them. Additionally, the hospital failed to monitor the patient's significant weight loss and nutritional needs for wound healing. Read More

Insurers are offering new life policies and annuities that pay out long-term-care benefits during one's lifetime.
Long-term-care insurance pays for nursing-home care and other expenses not covered by Medicare or health insurance if the policyholder can't live independently. Read More

LAVENDER CLASS ACTION:

Understanding The Loss In Humboldt
In Part 1 of this multi-part series, Kippy Wroten reviews the Lavender Class Action lawsuit and highlights the inconsistencies in the applicable regulations.

Lavender Pleadings Filed

Articles

 

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