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2020 Important Conferences for Senior Housing Professionals (Posted: 10/01/2019)

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BREAKING: Nursing home commission makes 27 recommendations, calls for ‘greater leadership role’ from CMS (Posted: 09/17/2020)

Recommendations from the Coronavirus Commission on Safety and Quality in Nursing Homes were released on Wednesday and, as expected, they contain a laundry list of steps that both providers and regulators can take for future pandemic conditions or public health emergencies.

The panel included comments that kept its sponsor, the Centers for Medicare & Medicaid Services, on the spot. Report authors said that in some cases, “CMS will need to assume a greater leadership role working with its federal partners and state, local, tribal and territorial” authorities to better sort out which will have the authority to accomplish the commission’s recommendations.

Source: McKnight's 

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San Diego man banned from operating independent living facilities accused of abusing, neglecting clients (Posted: 09/11/2020)

SAN DIEGO COUNTY, Calif. — Content warning: This story contains details of alleged abuse and neglect and may be disturbing to some readers.

Nearly two dozen criminal charges were announced Thursday against the operator of three San Diego independent-living facilities, who prosecutors say neglected his clients, and was running the facilities despite previously being banned by the state from doing so.

Source: CBS News 

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A Look at Covid-19 Litigation and Key Considerations to Mitigate Potential Litigation (Posted: 08/20/2020)

Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including:

  • 1,004 Insurance Related Cases
  • 716 Prisoner/Habeas Corpus Cases
  • 538 Civil Rights Cases
  • 415 Labor and Employment Cases [1]
  • 278 Consumer Cases [2]

Every day the number of new cases continues to climb, with employment-related cases jumping 43 percent in June. For business owners, a look at the most common personal-injury type claims asserted against businesses by employees can offer critical insights into mitigating potential litigation. In addition, the most common claims by customers against businesses, not involving subscription accounts, season ticket holders or canceled events, also can provide important perspective as Covid-19 remains an evolving situation.

COVID-19 Personal Injury Claims Filed Against Employers

Personal injury claims against employers are primarily claims for wrongful death, unsafe working conditions/exposure to Covid-19 and public nuisance claims for outbreaks at facilities. The common themes through these claims are allegations that the employer: (1) failed to timely and properly implement local and national workplace safety guidance for preventing the spread of Covid-19; (2) failed to require employees to report positive test results; (3) failed to provide adequate personal protective equipment (PPE); (4) failed to inform employees when co-workers tested positive; (5) failed to require self-quarantines for workers who tested positive for Covid-19; and (6) discouraged employees from taking sick leave during the pandemic.

Three notable examples of wrongful death claims include:

  • Evans v. Walmart: The complaint alleges that Walmart’s, “willful and wanton misconduct and reckless disregard,” led to an employee’s illness and death. The complaint alleges that Walmart failed to properly respond to workers with symptoms of Covid-19, failed to share information with workers related to co-employees contracting Covid-19, failed to provide proper PPE and failed to enforce proper social distancing.
  • Benjamin v. JBS, S.A.: The complaint alleges that a JBS meat-packing facility in Pennsylvania failed to implement CDC guidelines related to workplace safety as they evolved, which led to a death at the plant.
  • Elijah v. Port Authority Trans-Hudson Corporation: The family of a deceased railroad worker sued the Port Authority alleging that the decedent contracted Covid-19 while working. The central allegations include that after initially issuing masks to workers, supervisors were told to collect the face masks and that workers were instructed to not wear masks unless one was required for their specific jobs.

Source: JD Supra

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King County Superior Court to resume holding jury trials (Posted: 08/10/2020)

SEATTLE — King County Superior Court says it’s ready to resume jury trials this month, but in a drastically altered format, thanks to the coronavirus pandemic

The court hasn’t had a jury trial since March, and in an announcement Thursday it said there’s a backlog of 800 criminal trials and “countless” civil trials.

Among the key changes is that the Meydenbauer Center, an event space and theater in Bellevue, has been enlisted as a temporary courthouse to provide more space for social distancing. 

Court spokeswoman Amy Roe wrote that jurors will no longer report for jury duty in groups, but will complete an orientation and answer case-specific questionnaires online. 

Jury selection will be done largely by video conference. 

Source: King5 News


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States ranked by COVID-19 test positivity rates: July 22 (Posted: 07/23/2020)

Here are the rates of positive COVID-19 tests in each state, along with the number of new cases most recently reported and number of tests conducted per 1,000 people. Data points for rates, cases and tests were last updated July 22 and are seven-day moving averages. This information cited is from Johns Hopkins' Coronavirus Resource Center. States are arranged in descending order of test positivity rates.

Source: Becker's Healthcare 

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Fauci warns Congress that new US coronavirus cases could rise to 100,000 a day (Posted: 07/01/2020)

Coronavirus task force member Dr. Anthony Fauci issued a stark warning on Tuesday to lawmakers on Capitol Hill, telling them he wouldn't be surprised if the US sees new cases of coronavirus rising to a level of 100,000 a day.

"We are now having 40-plus thousand new cases a day. I would not be surprised if we go up to 100,000 a day if this does not turn around and so I am very concerned," Fauci told the Senate Health, Education, Labor and Pensions Committee during a hearing on the pandemic on Tuesday.
Fauci expressed dismay over people congregating in crowds and not wearing masks and inadequate attention being paid to guidelines on reopening.
"We're going to continue to be in a lot of trouble, and there's going to be a lot of hurt if that does not stop," he said.
The urgent message came during a hearing on the latest efforts by the US government to contain the pandemic, as several states struggle to contain the virus amid rising cases and state reopenings. The US reported more than 40,000 new Covid-19 cases on Friday, its biggest daily jump yet.
Asked if the pandemic is under control, Fauci said, "I am not satisfied with what's going on because we are going in the wrong direction if you look at the curves of the new cases, so we've really got to do something about that and we need to do it quickly," adding, "Clearly we are not in total control right now."
Fauci said that he can't make an accurate prediction of the number of cases and deaths the US will see before the pandemic is over, but said, "It's going to be very disturbing, I will guarantee you that."
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Your COVID-19 Questions Answered: Daily Life, Social Interaction, Returning to Work, and More (Posted: 06/24/2020)

The international outbreak of COVID-19 poses a serious public health threat that has severely affected social, community, and business activities. With prolonged periods of social distancing, the coming of summer, and the need to engage in more social and commercial activities, Americans must consider how to continue to reduce risk. This webinar from CDC’s Emergency Partners Information Connection will discuss the current status of the pandemic in the U.S., factors to consider when deciding to participate in activities outside of the home, and special considerations for the upcoming Fourth of July weekend. Closed captioning will be available.

Source: CDC EPIC Webinars 2020

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Senators slam feds for ‘incomplete’ nursing home data (Posted: 06/04/2020)

Two ranking U.S. Senators are calling out the federal government for releasing “incomplete data” on COVID-19 in nursing homes. 

The data doesn’t “come close” to providing a complete picture on what’s needed to sufficiently respond to outbreaks in long-term care facilities, according to Sen. Bob Casey (D-PA) and Ron Wyden (D-OR). 

“The data is shockingly sparse, and lacks reporting by almost one in five nursing homes. Nursing homes were not required to submit data on cases and deaths before May 1, meaning we may never know the full scope of this tragedy,” the lawmakers said in a statement. 

The COVID-19 nursing home figures were released Monday by the Centers for Medicare & Medicaid Services and the Centers for Disease Control and Prevention. The figures revealed that nearly 26,000 residents and 450 workers in U.S. nursing homes have died from COVID-19. Overall, more than 60,000 residents and 34,400 workers have gotten sick in the U.S. from the virus.

Source: McKnight's 

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Nursing Homes Should Be Among Last To Reopen CMS Says As It Urges ‘Extreme Caution’ (Posted: 05/20/2020)

The Trump administration's guidelines urge state and local officials to refrain from allowing virtually all visitors into nursing homes or other senior care facilities until several conditions are met, including that all residents and staff test negative for the coronavirus for at least 28 days. Other news on nursing homes in Canada, Louisiana, California and Nevada is reported.

Source: KHN

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Universal coronavirus testing at Pennsylvania nursing homes? Some say it’s ‘an idea without a plan.’ (Posted: 05/15/2020)

Two days after Gov. Tom Wolf said Pennsylvania nursing home residents and staff would be tested “once a week” for the coronavirus and his health secretary spoke of “universal testing,” not much has changed for operators seeking help and guidance from state and other officials.

One Montgomery County nursing home reached out to an emergency management official and was told in an email Wednesday that the official had received “no word of how the state plan for testing is going to roll out.” The advice was to turn to the local health department for help, said Paula Sanders, a lawyer for the facility that was seeking guidance.

Source: Philadelphia Inquirer 

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BRP Group, Inc. Announces Acquisition of Pendulum (Posted: 05/01/2020)

TAMPA, Fla., May 01, 2020 (GLOBE NEWSWIRE) -- BRP Group, Inc. (“BRP Group” or the “Company”) (NASDAQ: BRP), a rapidly growing independent insurance distribution firm delivering tailored insurance solutions, today announced that a subsidiary of BRP Group has acquired the assets comprising the risk assessment and consulting business of Pendulum, LLC (“Pendulum”), an Albuquerque, New Mexico-based firm that provides innovative risk assessment and reduction protocols utilizing advanced software tools.  The business acquired from Pendulum generated annual revenues of approximately $2.0 million.

Pendulum offers expertise in the long-term care and senior living markets through a full range of consulting services, including its network of highly skilled risk control consultants, its technological applications and its training materials, to manage risk and strengthen defensibility.  Its 30+ consultants service all healthcare settings, with a specialized focus on senior housing.  Following this Partnership, Pendulum will continue operating under its current brand and will become part of Connected Risk Solutions, BRP’s Specialty Wholesale platform within its Specialty Operating Group.

“We are excited to complete our Partnership with Pendulum, which both broadens our expertise and our product offerings in the senior living market, and further expands our opportunities for growth,” said Brian Daly, President of Connected Risk Solutions. “With the addition of Pendulum, we are now able to offer an entire range of healthcare services related to insurance and risk management, effectively creating a one-stop shop for our existing and prospective agents and their clients.”

“We are delighted to be joining with BRP Group and Connected Risk Solutions, as we believe our offerings and suite of risk solutions dovetail well with the growing platform, allowing us to provide a unique,  integrated service offering for our clients,” said Ric Henry, President of Pendulum.  “We expect to smoothly integrate within Connected Risk Solutions given the anticipated synergies, and look forward to being a valuable contributor to the expansion of the brand and its market share.”

(Full story) Source: GlobeNewswire

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Emergency declared in Cass County amid surge in COVID-19 cases (Posted: 04/28/2020)

Cass County officials declared a state of emergency Monday.

The order went into effect at 12 p.m. Officials made the announcement during a joint press conference that included Cass County commissioners and officials from Logansport, the Cass County Health Department and Logansport Memorial Hospital.

Source: Fox

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New COVID-19 requirements could be a ‘disaster’ (Posted: 04/22/2020)

LeadingAge is warning that duplicative reporting under newly announced federal COVID-19 reporting requirements for nursing homes could be a “disaster” for providers. 

“We don’t actually know exactly what [the reporting program is] going to look like, but we do know that this is really a recipe for unfortunate disaster, because it looks like you will be required to report differently than the reporting to state and local governments,” Marsha Greenfield, LeadingAge’s vice president for health legislation said during a provider conference call Tuesday afternoon.

Source: McKnight's 

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PA Medical Society Petitions For Immunity From Malpractice During Coronavirus (Posted: 04/14/2020)

The president of the Pennsylvania Medical Society says there are doctors, nurses and other health care workers working outside their specialty areas, and he wants Gov. Tom Wolf to protect them from potential medical malpractice suits in the future.


Dr. Lawrence John, a Pittsburgh-area physician, petitioned on behalf of doctors, nurses, assistants and others “so they can focus on the care of the patient and try very hard to save their lives and not worry about a bad outcome that they might not have any opportunity to prevent.”

Temporary immunity would help professionals prone to second-guessing themselves, he says, though it would not protect practitioners from everything.

Source: NPR News

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What Nursing Homes Need to Know as CMS Cracks Down on Infection Control (Posted: 03/26/2020)

With the federal government cracking down on nursing home infection control policies based on the initial coronavirus outbreak at a Washington state facility, the Centers for Medicare & Medicaid Services (CMS) rolled out a self-assessment tool for nursing home leadership to proactively monitor safety in place.

“Nursing home residents and their families who want to be sure a nursing home is safe should not hesitate to ask staff directly: What are the results of your CMS self-assessment?” CMS administrator Seema Verma said on a Monday afternoon call with reporters.

Source: Skilled Nursing News 

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US prepares for 18-month pandemic; 52% of COVID-19 patients are younger than 55 — 8 key updates (Posted: 03/20/2020)

In the COVID-19 pandemic, 10,755 American cases have been reported, along with 154 deaths, as of 12 p.m. CDT, March 19.

Source: Becker's Hospital Review

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Strategies to Prevent the Spread of COVID-19 in Long-Term Care Facilities (LTCF) (Posted: 03/01/2020)

A new respiratory disease – coronavirus disease 2019 (COVID-19) – is spreading globally and there have been instances of COVID-19 community spread in the United States. The general strategies CDC recommends to prevent the spread of COVID-19 in LTCF are the same strategies these facilities use every day to detect and prevent the spread of other respiratory viruses like influenza.

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Woman to sue Orange Park nursing home, says staff put coffee grounds under dad's bed to hide smell from wound (Posted: 01/20/2020)

ORANGE PARK, Fla. — One nursing home in Orange Park faces multiple complaints of malpractice as the daughter of one of its patients plans to file a lawsuit against the facility in the coming months.

Vivian Wright's father, Frank Wright, was placed in assisted living after two strokes, the first of which was in 2013. It was a difficult decision for Wright, but she hoped he would receive the daily care he needed to stay healthy.

Source: ABC News

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Elevated Influenza Activity: Influenza B/Victoria and A(H1N1)pdm09 Viruses are the Predominant Viruses (Posted: 01/16/2020)

This health advisory notifies clinicians that influenza activity remains high in the United States. Ongoing elevated activity is due to influenza B/Victoria viruses, increasing circulation of influenza A(H1N1)pdm09 viruses, and low levels of influenza B/Yamagata and influenza A(H3N2) viruses. CDC’s influenza forecasts suggest that national influenza activity will remain elevated for several more weeks. 
Source: CDC

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8 latest healthcare industry lawsuits, settlements (Posted: 01/08/2020)

From a physician charged with murder suing an Ohio hospital for defamation to patients suing an Alabama health system after a ransomware attack, here are the latest healthcare industry lawsuits and settlements making headlines.

Source: Becker's Hospital Review 

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Georgia Legislative panel adopts wide-ranging tort reform agenda (Posted: 12/17/2019)

Atlanta - A state Senate committee adopted an ambitious set of recommendations Tuesday aimed at curbing jury awards in medical malpractice, personal injury and product liability lawsuits.

Named after its ultimate goal, the Reducing Georgia’s Cost of Doing Business Study Committee embraced a series of tort reform proposals, including capping punitive damage awards, long sought by business groups and their Republican allies in the General Assembly.

Source: Albany Herald

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National Influenza Vaccination Week (NIVW) (Posted: 12/03/2019)

CDC established National Influenza Vaccination Week (NIVW) in 2005 to highlight the importance of continuing flu vaccination through the holiday season and beyond.

Source: CDC

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Milwaukee nursing home expected to close; inspection reports reveal disturbing violations (Posted: 11/27/2019)

In a release sent by Wisconsin’s Department of Workforce Development, by the end of January, 71 full-time employees at Bridges of Milwaukee Rehab and Care Center, located at 6800 North 76th Street, will be out of a job.

A spokesperson for DWD told the I-TEAM a group called Employ Milwaukee will be handling services for the affected workers.

The I-TEAM discovered the nursing home, which houses about 75 residents according to recent inspection reports, was already on the state’s radar.

The nursing home is a “special focus facility.” That means the nursing home has had a history of quality care issues.

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Every 15 minutes, someone in the US dies of a drug-resistant superbug (Posted: 11/18/2019)

Every 15 minutes, someone in the United States dies of a superbug that has learned to outsmart even our most sophisticated antibiotics, according to a new report from the US Centers for Disease Control and Prevention. That's about 35,000 deaths each year from drug-resistant infections, according to the landmark report.

The report places five drug-resistant superbugs on the CDC's "urgent threat" list -- two more germs than were on the CDC's list in 2013, the last time the agency issued a report on antibiotic resistance. 

Source: CNN
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Seniors' Home Confines 94-Year-Old Blind Woman To Bedbug-Infested Room For 2 Weeks (Posted: 11/04/2019)

Rita Bedford, 94, was kept confined to her apartment in a Chilliwack, B.C., senior care home for two weeks last December over the holidays — while bedbugs multiplied on her mattress.

She is blind, and a staffer alleged in emails to provincial authorities that employees of The Cascades facility were ordered not to tell Bedford what was happening.

But, so disturbed by what she saw, the staffer took photos.

Source: CBC

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Fires force California senior living communities to evacuate (Posted: 10/29/2019)

Senior living organizations with communities in certain parts of California put their disaster preparedness plans into action over the weekend as wildfires spread.

Sunday, Gov. Gavin Newsom declared a statewide emergency “due to the effects of unprecedented high-wind events which have resulted in fires and evacuations across the state,” some of them mandatory.

“The Kincade Fire in Sonoma County has burned more than 30,000 acres to date and has led to the evacuation of almost 200,000 people and threatened hundreds of structures,” the governor’s office posted online. “As of today, there are over 3,000 local, state and federal personnel, including first responders, assisting with the Kincade Fire alone.”

Source: McKnight's

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Staff ran fight club for dementia patients at NC assisted living center, police say (Posted: 10/15/2019)

Three women who ran a “fighting ring” at a North Carolina assisted living facility encouraged residents to get into a physical altercation, officials say.

They were workers at the Danby House in Winston-Salem in June when they didn’t intervene in a fight between two residents with dementia, according to a report from the N.C. Department of Health and Human Services. 

Source: The Charlotte Observer

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The House just passed a bill that would give millions of workers the right to sue their boss (Posted: 09/25/2019)

The House just passed a groundbreaking bill that would restore legal rights to millions of American workers and consumers.

Lawmakers voted 225-186 Friday to pass the Forced Arbitration Injustice Repeal (FAIR) Act, a far-reaching bill that bans companies from requiring workers and consumers to resolve legal disputes in private arbitration — a quasi-legal forum with no judge, no jury, and practically no government oversight.

Source: Vox