Tag Archives: Negligence

A Trend in 2017: Use of the False Claims Act for Malpractice Cases in Long Term Care

Multi-million dollar settlements in False Claims Act (FCA) cases against long term care (LTC) facilities made headlines several times in 2017.  I have blogged several times on the FCA and could not allow this trend to go without comment. We all know that the purpose of the FCA is to penalize government contractors that submit false claims for reimbursement to government programs.  The penalty is triggered when anyone “knowingly presents or causes to be presented a false or fraudulent claim for payment or approval” or “knowingly makes, uses or causes to be made or used a false record or statement …

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Posted in Dispute Resolution, False Claims Act, Litigation Issues, Regulatory Issues, Settlement Practices \ Comments Off on A Trend in 2017: Use of the False Claims Act for Malpractice Cases in Long Term Care

Policies, Procedures And Protocols: Best Friend Or Worst Enemy

Long term care (“LTC”) facilities are obligated by regulation to implement policies, procedures and protocols (“PPPs”) on methods of practice and modes of providing care.  PPPs in the hands of adverse counsel can prove problematic for facilities.  Thus, certain measures can be taken to prevent use of PPPs against facilities. LTC regulations of many states require that facilities promulgate policies on all aspects of their business, including record maintenance; personnel matters; physician, nursing, pharmaceutical, dietary, activities, social, and rehabilitation services; resident rights; quality assurance; and security.  Most regulations require periodic review and update of these PPPs. PPPs have been used …

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Posted in Litigation Issues, Management Advice, Policies & Procedures \ Comments Off on Policies, Procedures And Protocols: Best Friend Or Worst Enemy