That FAQ also advised operators to provide unfettered access to ombudsmen, with virtual communications acceptable only if conditions were unsafe.“Since ombudsmen are critical resources for residents and their families, nursing homes should facilitate their in-person access as soon as is practicable,” the agency noted.States, however, maintain the ultimate authority to reopen nursing facilities to the public, with many already implementing modified visitation schedules that focus on carefully scheduled outdoor visits.Alex covers the skilled nursing industry for Aging Media Network, with a particular focus on the intersection of finance and policy. CMS in May released its blueprint for resuming all nursing home visits, recommending that facilities remain closed until universal testing can reveal significant declines in infection rates. Official Medicare Program legal guidance is contained in the relevant statutes, regulations, and rulings. CMS also required that an agreement for post-dispute binding arbitration be entered into by the resident voluntarily, that the parties agree on the selection of a neutral arbitrator and that the arbitral venue be convenient to both parties. The arbitration agreement could be signed by another individual only if allowed by the relevant state’s law, if all of the other requirements in this section of the regulations were met and if that individual had no interest in the skilled nursing facility.A national association filed a complaint in the United States District Court for the Northern District of Mississippi, Oxford Division seeking a preliminary and permanent injunction enjoining enforcement by CMS of the prohibition on pre-dispute, binding arbitration agreements, as provided in 42 CFR Section 483.70(n)(1). For more information about the checklist, please contact Sean Fahey at (317) 977-1472 or If you have questions or would like assistance reviewing and revising your agreements for binding arbitration, please contact:More information about Hall Render’s Post-Acute and Long-Term Care services can be found If you have any questions, please contact one of the following or your regular Hall Render attorney.© 2002-2020. Sign up to receive Hall Render alerts on topics related to health care law. The federal government on Thursday again updated its guidelines for nursing home visitations amid the ongoing COVID-19 pandemic, warning providers that they must continue to facilitate in-person or remote visits by long-term care ombudsmen.Citing sections of the Social Security Act, the Centers for Medicare & Medicaid Services (CMS) clarified that the CARES Act or other coronavirus-focused rules “The CARES Act does not repeal or amend CMS requirements under sections 1819 or 1919 of the Act or implementing regulations,” CMS advised in a revision to an existing memo to State Survey Agencies. CMS and states oversee the quality of skilled nursing facilities (SNFs).
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