March 28, 2023

Volume XIII, Number 87


March 27, 2023

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New Nursing Home Inspection Reporting Policy Seeks to Foster Transparency, But Will It Cause More Confusion?

On January 25, 2023, CMS implemented a new policy requiring the nursing home industry to post “disputed facility inspection results on a public government website before the alleged ‘deficiencies’ have been confirmed.” Nursing home representatives are seeking to rescind the preemptive disclosures as they diminish the “nursing home’s right to appeal. As the saying goes, you can’t un-ring the bell.” CMS stated the move is an effort towards complete transparency; however, “[r]ather than … rushing to provide potentially inaccurate information to the public, CMS should commit to integrity by resolving systemic issues in the dispute process that ‘result in these delays.’” Whether this effort at transparency helps people make informed decisions or not remains to be seen. The disputed results do not impact star ratings, and thus making informed decisions based on the availability of publicly available data may prove difficult. While transparency may be well-intentioned, it may end up missing the mark.

Copyright ©2023 Nelson Mullins Riley & Scarborough LLPNational Law Review, Volume XIII, Number 33

About this Author

Wes Scott Corporate Attorney Nelson Mullins Nashville Law Firm

Wes serves as primary outside counsel to public and private companies with respect to their securities offerings, SEC and FDIC reporting requirements, stock exchange listing compliance, M&A, and corporate governance and general corporate matters.  In particular, Wes focuses his practice on the financial institutions industry, including banks, bank holding companies, investment banks and other depositary institutions, the healthcare industry, including medical device, life sciences, clinical trial and healthcare IT companies, and the REIT industry, including public and private REITs,...

Christine Burke Worthen Health Attorney Nelson Mullins

Christine provides legal and strategic advice to hospitals, health systems, physician practices and behavioral health providers, as well as post-acute care and other ancillary providers. She has broad experience working on matters pertaining to Medicare reimbursement, participation in CMS Innovation Center payment models, managed care contract negotiations, and value-based payment arrangements with insurance companies, self-insured employers, and Medicare Advantage plans. She also provides counsel on the regulatory, operational, and financial considerations necessary to...

Jason Brace Private Equity Attorney Nashville

Jason represents private equity investors and their portfolio companies in complex corporate transactions, including acquisitions, recapitalizations, dispositions, mergers, joint ventures, securities offerings, and other capital-raising activities.

In addition, Jason has extensive experience in the physician practice management sector with respect to the formation, acquisition, and sale of management services organizations covering a range of specialties, including anesthesia, radiology and diagnostic imaging, pediatrics and family medicine,...

Lily Shannon Corporate Attorney Nashville

Lily focuses her practice on mergers, acquisitions, dispositions, securities offerings, SEC reporting requirements, stock exchange listing compliance, corporate governance, and general corporate matters. Lily represents and advises a wide variety of public and private companies, including those in the healthcare, financial institution, manufacturing, and industrial sectors.