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Dana Durrett
Regulatory attorney in healthcare and long-term care
Interests: assisted living facilities, skilled nursing, home health agencies, Certificate of Need, health care reform, criminal background checks, medicare and medicaid audits
Recent Activity
Just as Georgia's legislature moves toward defining the role of assisted living providers, the Federal government took a look at similar issues. Yesterday, the Senate Special Committee on Aging hosted a unique event designed to explore the role of assisted living and to consider increased Federal funding. The roundtable involved... Continue reading
Posted Mar 17, 2011 at Aging Services Update
The Georgia General Assembly House of Representatives has introduced legislation which will require applicants for LPN (Licensed Practical Nurse) licensure to submit to State and Federal fingerprint background checks. This legislation, House Bill 99, has passed unanimously and now moves to the Rules committee. Though simply bringing LPN licensure requirements... Continue reading
Posted Feb 7, 2011 at Aging Services Update
In August of 2010, we learned that the State of Indiana had decided to forego participation in the new Federal criminal background check program[1]. The Federal criminal background check program provides funds to participating States in exchange for instituting much more rigorous and expansive criminal background checks for long-term care... Continue reading
Posted Jan 27, 2011 at Aging Services Update
At 10 a.m. on December 29, 2010, the Department of Community Health ("DCH") held a meeting to allow for public comment upon its proposed Personal Care Home rules. Approximately 250 people gathered - some standing or in overflow - to voice their concerns over the rules. Those included administrators and... Continue reading
Posted Jan 3, 2011 at Aging Services Update
Minnesota's Citizens League has released a new report highlighting difficulties and potential solutions for paying for long-term care. The report concludes that Medicaid encourages people not to save and that Medicare is mistakenly believed by many to cover more than it actually does. The report further concludes that legislation needs... Continue reading
Posted Dec 14, 2010 at Aging Services Update
Recently, CMS has decided to allow States a second chance to apply for funding to participate in the new, Federal criminal background check program governing long-term care employees. While the previous application ran from June 4, 2010 to August 9, 2010, only six States applied. Others expressed interest but, according... Continue reading
Posted Dec 13, 2010 at Aging Services Update
As has been widely reported, the Senate Special Committee on Aging held a forum on December 8, 2010 to highlight the need to improve Alzheimer's care for Patients. We understand that the forum was a success and brought critical attention to how providers can improve care to such residents in... Continue reading
Posted Dec 10, 2010 at Aging Services Update
As of November 10, 2010, RACs are limited in the amount of record requests they can send in a 45-day period. Each RAC must establish a "per campus" cap on the number of record requests in a 45-day period, based on its prior calendar year Medicare claims volume. Limits are... Continue reading
Posted Dec 10, 2010 at Aging Services Update
On November 18, 2010, the Senate to postpone the 23% cut in Medicare reimbursement to physicians. This staves off immediate concerns, but a long-term solution has not been made. First, the House will have to vote on the Senate's measure post-Thanksgiving. Then, legislators must determine how to address this problem... Continue reading
Posted Nov 23, 2010 at Aging Services Update
In today's news, we have learned that the State of Indiana has decided to forego its participation in a new Federal program designed to implement criminal background checks upon nurses. While Federal money would have contributed 75% of the cost of implementing the program, Indiana could still not afford its... Continue reading
Posted Aug 11, 2010 at Aging Services Update
The attached link summarizes the status of regulatory progress made by CMS in implementing health care reform. This is an excellent resource, providing an overview of regulatory changes affecting nursing homes and assisted living facilities. Continue reading
Posted Jul 16, 2010 at Aging Services Update
Centers for Medicare and Medicaid Services (CMS) today proposed a revised rule regarding the new Civil Monetary Penalties (CMPs) and attendant procedure which is to be implemented under Health Care Reform. This July 9th announcement precedes the Monday, July 12th, Rule. The Rule will be published in the Federal Register,... Continue reading
Posted Jul 9, 2010 at Aging Services Update
Maryland's highest court recently invalidated an arbitration clause contained in a nursing home admission contract. When a resident died after receiving emergency treatment at a local hospital, his estate brought a medical malpractice claim against the nursing home. The trial court held that the estate must submit its claims to... Continue reading
Posted Jun 16, 2010 at Aging Services Update
The Department of Health and Human Services’ Agency for Healthcare Research and Quality (AHRQ) announced on Friday the recipients of grants to help reduce medical malpractice litigation. As part of the "largest federal funding program connecting medical liability to quality", the $23.2 million will support efforts by States and health... Continue reading
Posted Jun 14, 2010 at Aging Services Update
An important part of health care reform known as the Patient Safety & Abuse Prevention Act sets forth new minimum requirements of national criminal background checks upon employees of long-term care facilities. The Act requires that contracting States implement these minimum requirements, which include a fingerprint check upon all potential... Continue reading
Posted Jun 9, 2010 at Aging Services Update
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May 28, 2010