I have heard many stories over the years of families that fight to keep a nursing home resident getting physical, occupational, or speech therapy. It used to be that if there was a determination that a resident wasn’t progressing anymore, then Medicare or Medicaid did not pay, and the therapy was discontinued.
Continue Reading Residents Not “Improving” May Now Get Physical, Occupational Therapy if Helping

In an excellent decision, the New Jersey Supreme Court agreed with the plaintiff in this case who cried foul after the Medical Center decided to wait until nearly two years after litigation was completed before attempting to deprive her of her right to a trial by jury.
Continue Reading Jersey City Medical Center Fails in its Attempt to Invoke a Mandatory Arbitration Clause After 21 Months of Costly Litigation

HealthBridge Management, a nursing home company, was forced to take back workers who were on strike after a federal judge found the management company to not be negotiating in good faith. HealthBridge was imposing significant wage and benefit cuts before negotiations were deadlocked.
Continue Reading Federal Judge Calls Nursing Home Company to Task – Orders Reinstatement of Workers

With the passing of the Affordable Care Act (ACA), this nation has seen the beginning of a dramatic shift in both the delivery of healthcare and the means by which payment is made for medical services. Under the ACA, a new type of medical agency was created, known as Accountable Care Organizations (ACO). These entities are required to coordinate all levels of care in a fashion that is both more efficient and better focused on the provision of quality care
Continue Reading How The Affordable Care Act & The Accountable Care Organizations Will Increase Quality Care at Nursing Homes and Hospitals

Congress has recently proposed House Resolution 5, an extreme bill that would limit our rights and offer a handout to the medical industry by allowing it to go virtually unpunished when patients are harmed or killed. A recent report states that one out of every three hospital patients is sickened, injured, killed or otherwise harmed because of a medical error. This study is just one more, in a long list of reasons why this bill should not be passed.
Continue Reading Stand Up for Patients’ Rights: Tell Your Representative to Oppose House Resolution 5

Currently pending in congress is bill HR5 sponsored by Representative Phil Gingrey. If HR5 passes, it would protect some of the worst nursing homes from even the most egregious abuses by severely limiting damages.
Continue Reading Bill That Protects the Worst Nursing Home Abusers by Severely Limiting Damages Is Sponsored by Lawmaker Who Sought the Same Type of Damages in His Own Lawsuit

In two short months, we will face a new congress – who’s stated primary goal is to remove the historic healthcare bill and expose numerous patients across the country to a lack of access to medical care. Conspicuously absent from most press releases or even the debate is the devastating personal and economic impact of medicare fraud. Here is a fascinating and disturbing study on its scope.
Continue Reading Medicare Fraud Endangers Patients

I recently wrote an article for the New Jersey Law Journal about the new Medicare Guidelines for Hospitals and Never Events. After some additional research, I have learned that many insurance companies agree that it is unfair for negligent hospitals to pass costs related to their mistakes along to others.
Continue Reading Many Health Insurance Companies No Longer Willing to Pay for Treatment Related to Hospital Acquired Bedsores and other avoidable mistakes.