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Long Term Care
Long term care (LTC) services are a critical component of the U.S. healthcare and regulatory landscape, involving not only patient support but also a complex overlay of compliance requirements. Whether you're a skilled nursing facility, assisted living operator, or family member managing care for a loved one, you may be asking:
“Am I complying with all state and federal regulations?”
“What happens if our facility faces an inspection or lawsuit?”
or
“How do we protect against Medicaid fraud allegations?”
These questions reflect the legal and operational risks long term care providers face daily.
contents
1. Long Term Care: Understanding Legal Obligations
LTC providers must comply with a patchwork of federal and state regulations. Key federal regulations include compliance with the Centers for Medicare & Medicaid Services (CMS) Conditions of Participation, HIPAA, and the Elder Justice Act. States impose additional licensing, staffing, infection control, and reporting requirements. Noncompliance can result in fines, exclusion from Medicaid/Medicare, or civil liability.
Long Term Care: Common Areas of Legal Exposure
Frequent compliance pitfalls include inaccurate billing to Medicaid/Medicare, understaffing violations, inadequate fall prevention, and improper discharge practices. Facilities may also face whistleblower lawsuits or audits triggered by patient complaints.
2. Long Term Care: Protecting Residents’ Rights
Every LTC resident has federally protected rights, including the right to dignity, safety, and freedom from abuse or neglect. Providers must implement clear policies to prevent violations, especially in memory care units and during high-risk procedures like restraint use or medication administration.
Long Term Care: Regulatory Enforcement and Investigations
Facilities can be investigated by CMS, state health departments, or even the U.S. Department of Justice. Self-reporting, proper documentation, and legal counsel are essential in mitigating enforcement outcomes.
3. Long Term Care: How SJKP LLP Supports Providers and Families
SJKP LLP offers legal guidance to LTC facilities, healthcare professionals, and families navigating complex compliance environments. We assist with license applications and renewals, employee training policies, incident response, Medicaid audits, and defense against lawsuits involving neglect or abuse allegations.
Long Term Care: Preventive Legal Strategies
We develop proactive legal frameworks to reduce risks, such as facility audits, patient discharge disputes, or licensing revocations. Early intervention can prevent litigation and reputational damage.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
