Long-Term Care Facility Infection Control Enforcement: Increased Government Scrutiny and Penalties
Ensuring Compliance, Preparing for State Surveys and CMS Enforcement Actions

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Thursday, September 17, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide healthcare counsel on the Centers for Medicare and Medicaid Services' (CMS) enhanced infection control enforcement actions. The panel will examine CMS' new instructions for state agencies conducting surveys and what that means for nursing homes and skilled nursing facilities (collectively, SNFs). The panel will also address reporting requirements for SNFs and will offer best practices for what SNFs should do to comply with CMS requirements and prepare for enforcement actions.
Faculty

Mr. Tarosky counsels providers of healthcare products and services, defense contractors, and financial institutions through confidential investigations under the False Claims Act, qui tam and government-initiated proceedings, and high-stakes litigation against whistleblowers and the U.S. He also represents clients in securities fraud and Foreign Corrupt Practices Act investigations and related litigation and defends media organizations facing defamation allegations. Mr. Tarosky was formerly with the DOJ Civil Division's Fraud Section, the clearinghouse for all False Claims Act activity in the country.

Mr. McGovern provides legal counsel and representation to health care and nonprofit clients. His experience spans the breadth of legal issues that confront the provider community, including counseling health care providers and managed care plans on regulatory compliance; responding to government audits and investigations; overseeing or performing internal compliance investigations; advising on and negotiating managed care, vendor, and other contracts; providing counsel and advocacy on reimbursement issues; assisting providers on administrative applications and matters before regulatory agencies, including rate appeals, certificate of need applications, and property tax exemption applications and appeals; responding to patient-care survey deficiency citations; and representing providers in administrative proceedings and litigation in state and federal courts. The providers he has represented include nursing homes, home care agencies, hospices, hospitals, continuing care retirement communities, pediatric facilities, and managed care plans.

Ms. Reizen is a member of the firm’s global health care and FDA practice group. She concentrates her practice in health law, representing health systems, hospitals, academic medical centers, home health agencies, skilled nursing facilities, hospices, physician groups, and other health care entities and providers. Ms. Reizen focuses her healthcare practice on government and internal investigations, regulatory matters, and compliance. She advises providers on government and qui tam matters ranging from quality of care issues to physician arrangements and coding and billing matters. Ms. Reizen has been providing a significant amount of information and resources to the nursing home and long-term care communities during the pandemic.
Description
Nursing homes are operating under intense regulatory scrutiny and face an increased risk of government enforcement actions because of the virus' effect on residents. The CMS believe infection control is an ongoing compliance concern for long-term care facilities. In June 2020, CMS announced its enhanced enforcement efforts against nursing homes and skilled nursing facilities (collectively, SNFs) related to their infection control practices. CMS also provided additional directives to state agencies conducting surveys regarding COVID-19 reporting and infection control.
Further, CMS also announced the imposition of increased penalties on SNFs determined to be non-compliant with the infection control requirements. States must also perform these surveys now and going forward. The results of infection control evaluations will be reported publicly.
SNFs should implement best practices for infection control to ensure compliance and be prepared for heightened government scrutiny and be ready to respond to state surveys and enforcement actions.
Listen as our authoritative panel of healthcare attorneys discusses the CMS' new instructions for state agencies conducting surveys and what that means for SNFs, reporting requirements for SNFs, the enhanced enforcement actions, and what SNFs should do to comply with CMS requirements and prepare for enforcement actions.
Outline
- CMS survey instructions
- Reporting requirements for SNFs
- Enforcement actions
- Compliance and preparation for enhanced enforcement
Benefits
The panel will review these and other important matters:
- What do CMS' plans to expand its enforcement efforts regarding infection control deficiencies mean for SNFs?
- What best practices should SNFs have in place to ensure compliance with CMS requirements?
- What steps should SNFs and their counsel take to prepare for enforcement actions?
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