Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.