A recent report from the Office of Inspector General revealed that despite the requirement that new and existing providers implement specified risk screenings in order to enroll in the federal Medicaid program. Since Medicaid funding pays for approximately 65% of all nursing home care in the United States, the stakes for being enrolled in this program are fairly high. Nonetheless, 37 of the 47 states examined in the report had not implemented the fingerprint-based criminal background checks that federal regulations require. In fact, over 25,000 providers enrolled without implementing the background checks between 2011 and 2014.
Risk screenings were not the only Medicaid regulations that providers did not comply with in several states. Some states admitted to failing to conduct regular required site visits, failing to meet deadlines for the mandatory revalidation process, and failing to report the proper ownership information. While the Centers for Medicare and Medicaid Services (CMS) have published suggestions for providers to implement background checks and comply with other regulations, there appear to be no repercussions for failing to meet federal requirements. Although CMS has admonished states for failing to report their providers who are having trouble complying with federal regulations. With respect to background checks, in particular, providers who fail to follow these rules could very well employ individuals who may have the propensity to abuse, neglect, or otherwise harm nursing home residents. Not only is this dangerous for residents, but it leaves these providers potentially civilly liable for the damages that occur as a result of their failure to comply with federal regulations.
Boller & Vaughan knows elder abuse law and has the experience to help you through any type of elder abuse claim. 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 legal proceedings related to your claim.
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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.