The Bulletin on Long-Term Care Law
2002 Index

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Providers Set To Battle Bush Budget, March 2002

Business Update

CMS Unveils Wall Street Nursing Home Report, March 2002
Medicare Rates To Drop $57 Per Day, Study Says

Labor Issues

Long-Term Care Job Vacancies Mount, January 2002
LTC Groups Launch Initiative To Curb Worker Shortage, February 2002
Increased Nursing Staff Would Boost Nursing Home Quality, April 2002
New York Nursing Homes, Union Reach Contract Agreement, May 2002
New Web Site To Help Nursing Homes Fill Jobs, June 2002
Union Alleges State Paid For Illegal Nursing Home Workers, August 2002
Alleged Labor Violations Probed At Ohio Home, November 2002
Thousands Of Facilities Targeted By Labor Department, December 2002

Enforcement News

Nursing Home Administrator Faces Criminal Charges For Failing To Talk, May 2002
Nursing Home Group Seeks Alternative To Staffing Ratios, August 2002

Fraud & Abuse News

Nursing Homes Faulted For Failing To Report Abuse, April 2002
Nursing Home Chain To Pay $750,000 in Resident's Death, April 2002
Signs That Seniors Are At Risk, July 2002
Dozens Arrested in California Nurse Aide License Scam, July 2002
Wisconsin Home Hit With Hefty Fine For Abuse, August 2002
OSHA Could Fine Facility For Needlestick Violations, September 2002
OSHA To Clamp Down On High-Injury Nursing Homes, September 2002
OSHA Releases Draft Ergonomics Guidelines, November 2002

Legal Update

Nursing Home No-Hire Agreement No Go, Says Wisonsin Court, January 2002
Texas Sues Nursing Home for Bed Rail Violations, January 2002
New Nursing Home Owner Liable For Prior Owner's Fines, Says Supreme Court, February 2002
Nursing Home May Not Challenge Deficiency Affecting CMP, February 2002
Tennessee Homes Slapped With False Claims Fines, February 2002
Penn. Ex-Con Hiring Law Ruled Unconstitutional, March 2002
Massachusetts Homes Sue State For Inadequate Medicaid Reimbursement, March 2002
Texas Nursing Home Cited in Biggest Jury Verdict Ever, April 2002
Competent Counsel Defense May Help Defeat Alleged False Claim Act Violations, April 2002
Minnesota Nursing Home Did Not Knowingly Violate False Claims Act, Says Court, May 2002
Nurse Aide Given Go-Ahead In Sexual Assault Case, May 2002
Hospital Liable For Attack On Patient By Nursing Home Worker, Says Tenn. Court, May 2002
Falsification of Records Targeted in New Justice Department Crackdown, June 2002
Florida Facilities Get $27 Million To Offset Liability Costs, July 2002
California Nursing Home Residents Gain New Means of Re-admission, July 2002
Lack of Evidence Prompts False Claims Dismissal, August 2002
AARP Suits Cover Spectrum Of LTC Issues, September 2002
$20 Million Awarded to Florida Nursing Home Owner, October 2002
Class Action Suit Filed Against California Facility, October 2002
Beverly Settlement Requires Improvement of 60 Homes, October 2002
Medicaid Nursing Facilities Audited In Third-Party Crackdown, November 2002
False Claims Fines Help Homes, December 2002

Legislation Update

Congress Enacts LTC Staffing Bills, February 2002
Federal Web Site Fails To Disclose Serious Nursing Home Violations, Congressmen Say, March 2002
LTC Emergency Preparedness Spotlighted At Hearing, March 2002
States May Not Muzzle LTC Ombudsman, May 2002
Senator Urges Continued Scrutiny of Assisted Living Facilities, May 2002
Feds Recover $1.3 Billion From Fraud, June 2002
New Bill Limits Provider Liability, June 2002
Bi-Partisan Bill Would Give Elderly Cancer Drug Coverage, June 2002
Proposed Bill Expands Effort To Fight Abuse, July 2002
Staffing Standards Bill Introduced By Democrats, July 2002
Dental Group Targets LTC Oral Health, July 2002
Feds Push Elderly Falls Legislation, August 2002
House Democrats Unveil New Prescription Drug Proposal, August 2002
CMS To Review State Medicaid Reimbursement Policies, August 2002
Craig Wants Seniors To Consider LTC Coverage, September 2002
Senate Squelches Seniors' Drug Benefits Plan, Congress Passes Low-Cost Medications Bill, October 2002
Bush Signs Bill to Ease Nursing Shortage, October 2002
Senators Introduce Staffing Accountability Bill, October 2002
Ohio Governor Signs Lawsuit, Limits Legislation, October 2002
Liability Reform Bill Gains Momentum, November 2002
Senate Passes $6 Billion Medicaid Matching Bill, November 2002
Senators Seek Answers On Antipsychotic Drug Guidelines, December 2002
Federal Survey System Backed In Beverly Case, December 2002
Failure To Name Self As Trust Beneficiary Disqualifies Resident, December 2002

Medicaid/Medicare News

AAHSA Seeks Changes in CMS State Operations Manual, January 2002
CMS Physician Self-Referral Rule Delayed, January 2002
CMS Grants Wisconsin Extension on Single-Task Phase-Out, February 2002
CMS Expands Access To MDS Data, March 2002
Beverly Offers To Pay $77 Million To Resolve Cost Reporting Controversy, April 2002
Nursing Home Admission Profile Will Affect QI Scoring, April 2002
CMS Unveils Nursing Home Ratings for Six States, May 2002
Dropping Deficient Homes From Medicare Hurts Residents, Says AARP
CMS To List Rules It Plans to Publish, June 2002
New CMS Ambulance Fee Schedule Starts This Month, July 2002
Lawmakers, Governors Agree To Fund State Medicaid Relief, August 2002
CMS Clarifies MDS Section M Coding, August 2002
No Medicaid Transfer Penalty When Resident Goes Unrefuted, September 2002
GAO Finds Flaws in Oversight Of Medicare Home Health Agencies, October 2002
CMS Issues Drug Discount Rules, November 2002
States Squeezed By Medicaid Cutbacks, November 2002

Occupational Safety & Health

Beverly Enterprises Agrees To Lessen Worker's Back Woes, February 2002
OSHA To Crack Down On Nursing Homes, April 2002
Government Seeks Voluntary Steps To Cut Workplace Injuries, May 2002

Practical Advice

Quality of Care Issues

People Worse Off As Nursing Home Residents, Survey Says, February 2002

Regulations Update

Major Changes Needed in U.S. Nursing Home Regulation, Says British Study, January 2002
Most Drug Use in Nursing Homes Medically OK, Says HHS IG, January 2002
CMS Redefining "Scope" and "Severity," February 2002
One In Three Nursing Homes Harms Patients, Survey Finds, March 2002
Bush Administration Issues Proposed Drug Discount Card Rules, April 2002
CMS May Let Homes Hire Single-Task Workers, May 2002
Beverly Ordered to Open Headquarters to Government, June 2002
CMS Reminder: Medicare Therapy For Visually Impaired, August 2002
AARP Report Cites Reasons for Nursing Home Closings, October 2002
CMS Feeding Assistant Regs To Be Issued In March, November 2002
Senators Seek CMS Staff Level Reporting Standards, December 2002

State Update

New York LTC Staffing Crisis Worsening, Says Group, January 2002
States Set To Cut Nursing Home Medicaid Payments, February 2002
Staffing Shortages May Force Florida Residents To Be Denied Care, February 2002
Massachusetts Nursing Home Resident Starved for Five Days, February 2002
New Nursing Home Owner Liable For Prior Owner's Fines, Says Supreme Court, February 2002
Technical Violations Did Not Justify Termincation, Arkansas Court Holds, March 2002
Most Washington D.C. Homes Fail To Meet Standards Committee Reports, March 2002
Liability Insurance Found Lacking At Many Florida Facilities, March 2002
Washington State Homes Allegedly Misused States Funds, March 2002
Florida Backs Use of Nursing Home Surveillance Cameras, April 2002
Virginia Facility Creates Charity To Cure Financial Ills, May 2002
Denial of New Provider Exemption Violates Law, Says Court
Mattresses Could Ease Florida Liability Crisis, June 2002
Governors Urge Senate to Help Mend Medicaid, June 2002
New York Enacts Whistleblower Protection Act For Healthcare Workers, June 2002
Wisconsin Workers Union To Push Increased Staffing, July 2002
Massachusetts Nursing Homes Say State Fee Would Boost Care, August 2002
New York Nursing Homes Get $89.6 Million From State, August 2002
California Homes Spotlighted On Internet, August 2002
$13 Million Awarded In Texas Nursing Home Force-Out, September 2002
County, Nursing Homes Collaborate On Background Checks, September 2002
Wisconsin Attorney General Alleges Abuse At Milwaukee Home, September 2002
Ohio OKs Senior Citizen Drug Discount Plan, September 2002
Arkansas Attorney General Sues Facility For Abuse, September 2002
Texas Nursing Home Reimbursement Suit Dismissed By Federal Court, October 2002
Georgia Facilities' Staffing Shortchanges Residents, October 2002
Court Backs NLRB Findings On Beverly's Pennsylvania Homes, November 2002
New York Failed To Act On Nursing Home Complaints, Says Report, November 2002
Massachusetts Nursing Homes Ordered To Repay State, November 2002
Iowa Assisted Living Facility Told To Move Residents To Nursing Homes, November 2002
Illinois Nursing Home Failed To Offer Adequate Care, Says Court, December 2002
Indiana Set For Nursing Home Closings, December 2002
Manor Care's Pennsylvania Homes Blamed For High Deficiency Rate, December 2002

Survey Inspections

State Surveys of Intermediate Care Facilities Found Waiting, June 2002
Facilities Performing Lab Tests To Be Surveyed, June 2002
CMS Strengthens Survey Terms, July 2002
Wellspring Care Model Yields Fewer Deficiencies, December 2002

Trends in Long-Term Care

Plaintiffs Prevail in Nursing Home Suits, Data Show, January 2002
Aides Logged Most Time With Residents, January 2002
Investigators Identify Viruses Causing Resident's Ills, February 2002
Minimum Staffing Levels Won't Be Imposed, HHS Says, March 2002
AARP Seeks Bigger Role in Prescription Drug Suits, June 2002
Difficult Residents Discriminated Against, Says Nevada Lawmaker, August 2002
Time, Not Money, Is Key To Quality Care, Government Report Says, September 2002
HHS Grants To Help Reduce Medicare Errors, September 2002
JCAHO Urges Steps To Prevent Bed-Rail Deaths, November 2002
Biggest Chains Stay Big, Bankruptcy Notwithstanding, November 2002
HHS Inspector General To Focus On Quality of Care, December 2002
Resident Involvement Boosts Satisfaction, December 2002

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