Health Care Chair Paula Sanders Discusses the Rise in Long-Term Care Litigation with The Legal Intelligencer
The first article of the two part series, "Long-Term Care Litigation Sees Surge," notes that, "with the growth of litigation over long-term care, one of the hot legal issues has been the validity of arbitration agreements, including for claims involving punitive damages."
In discussing arbitration in these cases, Ms Sanders explains:
"Arbitration agreements are valid as long as clients' access to facilities is not conditioned on them signing those preinjury contracts. These are knowing waivers. It's not even waiving a right. It's choosing a different forum."
In part two of the series, the article, "Obamacare to Affect Nursing Homes, Too," Ms. Sanders provides insight into how compliance programs have changed under PPACA. She notes that, "prior to Obamacare, the federal approach was always that compliance programs were advisable, but discretionary."
She also explains:
"Until the regulations are in place, CMS can't kick facilities out of the Medicare program, but not having a compliance program in place could impact how the U.S. Department of Justice and the OIG view a facility in determining sanctions and culpability. We do not recommend facilities sit back on their heels waiting for CMS to issue regulations."
To read "Long-Term Care Litigation Sees Surge," click here.
To read, "Obamacare to Affect Nursing Homes, Too," click here.