Late last year, the Centers for Medicare & Medicaid Services (CMS) issued revised nursing facility regulations. The National Consumer Voice for Quality Long-Term Care, the Center for Medicare Advocacy, and Justice in Aging collaborated to create a document summarizing the highlights of these revised regulations. The changes primarily deal with admissions to nursing facilities and liability for nursing facility bills.
First, nursing facilities cannot require residents to enter into agreements or sign other documents that waive important rights. For instance, a resident cannot waive the protections of any federal, state, or local nursing home laws. Likewise, a resident cannot waive rights to Medicare or Medicaid coverage, or any responsibility of the facility to safeguard his or her personal property. A facility also must give notice to residents prior to admission of any service limitations or special characteristics.
Next, the revised regulations deal with responsibility for a resident’s nursing facility bill. A nursing home cannot compel a family member or friend of the resident to be financially responsible for a resident’s bill. However, a nursing home can require the resident’s agent to agree to pay the resident’s money toward his or her nursing facility costs.
Finally, the revised nursing facility regulations prohibit pre-dispute arbitration agreements, but this important consumer protection is currently blocked in litigation. It will be important to monitor this litigation in order to determine the continued legality of such arbitration agreements, which take away significant rights from residents who have disputes with nursing facilities.
Boller & Vaughan knows the devastation that can occur when nursing homes and other long-term care facilities breach regulations concerning health, safety, and admissions. Fortunately, we have the knowledge and the experience to help you through any type of elder abuse or neglect claim, particularly when injury results from a wholly preventable issue. No matter what type of nursing home facility abuse or neglect is at issue in your case, we can help. All too often, residents and their families are reluctant to demand justice for situations that occurred in the resident’s care. In this situation, you can count on your Madison elderly abuse attorneys to guide you through every step of the personal injury claims process.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.