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Avoidable vs. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations
Two Congressional acts ' the Omnibus Budget Reconciliation Act of 1987 and the Balanced Budget Act of 1997 ' resulted in the promulgation of regulations that have had a significant impact on nursing home practices. Some commentators have concluded that these regulations have essentially created the standard of care in nursing home negligence cases. David R. Thomas, MD, The New F-tag 314: Prevention and Management of Pressure Ulcers, Journal of the American Medical Directors Association (JAMDA), 523-531 (2006).
In addition to the federal regulations adopted pursuant to these acts, Appendix PP of the Long Term Care Survey published by the American Health Care Association (AHCA) contains interpretive guidelines of nursing home regulations issued by the Center for Medicare and Medicaid Services (CMS). These guidelines, commonly referred to as “F-tags,” are used by the government, long term care facilities and colleges and universities for training purposes. Long Term Care Survey, AHCA, “About This Manual,” (2012). F-tags provide further information about accepted standards of care applicable to nursing homes.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.