Tenth Circuit Holds Assisted Living Care Services Not Covered by Long Term Care Insurance Contract
Posted: Jan. 24, 2008
The Tenth Circuit Court of Appeals reversed a trial court decision and held that a long term care insurance contract did not cover services in an Oklahoma assisted living facility.

Arbitration Agreement Held Not Enforceable by Florida Appellate Court
Posted: May 23, 2007
A Florida appellate court affirmed a ruling that an assisted living facility cannot compel arbitration of claims brought by the estate of a former resident because the arbitration clause violates Florida public policy.

Seventh Circuit Court of Appeals Denies Nurse’s Claim of Employment Discrimination Under ADA, Title VII and ERISA
Posted: June 13, 2007
A nurse’s claims of employment discrimination under the ADA, Title VII and ERISA were denied by the United States Court of Appeals, Seventh Circuit (the Court). Shannon Kampmier (Kampmier) worked for Emeritus Corporation (Emeritus) as a practical nurse. The claim arose when Kampmier was fired for job abandonment because she failed to show up for work due to complications with her endometriosis. Additionally, Kampmier also alleges that her supervisor continually sexually harassed her while she was working at Emeritus.

Florida Arbitration Agreement Upheld Despite Other Unenforceable Provisions
Posted: April 10, 2007
A dispute concerning an assisted living facility’s efforts to compel arbitration of various claims brought by the family of a woman who died at the facility was properly decided by the trial court, the Florida Court of Appeal, First Division decided in Alterra Healthcare Corp. v. Estate of Linton. The case involved an extensive arbitration agreement, whereby certain clauses were found unenforceable but the clause providing for arbitration was found valid.

Parties Must Arbitrate Wrongful Death Claims Against North Carolina Assisted Living Facility
Posted: April 02, 2007
A North Carolina woman is bound by an arbitration agreement she signed on her husband’s behalf when he was admitted to an assisted living facility. Melba Raper, as executrix of the estate of Willard Raper, filed an action against Oliver House alleging negligence and wrongful death claims. Oliver House moved to dismiss the case or compel arbitration pursuant to arbitration provisions contained in the admissions agreement. The trial court found the arbitration agreement unconscionable and Oliver House appealed. The North Carolina Court of Appeals reversed and remanded the case for arbitration.

Nursing Home Resident’s Injury During “Therapeutic Bath” Can Give Rise to Medical Malpractice Liability
Posted: June 6, 2006
The Pennsylvania Supreme Court found that the provision of a bath to a physically and mentally disabled nursing home resident for purposes of therapy to relieve bed sores constituted the furnishing of “medical services” and was thus sufficient to trigger state statutes regulating professional malpractice liability.

Ohio Court of Appeals Upholds Decisions That Annuity Purchases Constituted Improper Transfers
Posted: October 13, 2005
Annuities purchased by three elderly women seeking Medicaid coverage were upheld as improper transfers in the case of Fire v. Ohio Dep't of Job and Family Services. The similar cases of Hilda Fire, Beryl Loudin, and Martha Eckelberry were consolidated into one appeal that addressed whether their annuity purchases were improper transfers in determining Medicaid eligibility.

Florida Nursing Homes Experiencing Fewer Adverse Incidents and Lawsuits According to State Report
Posted: October 10, 2005
The number of adverse incidents and lawsuits initiated against Florida nursing homes are decreasing since broad reforms were enacted in 2001. In its July 2005 report to the legislature titled Nursing Home and Assisted Living Facility: Adverse Incidents & Notices of Intent (2005 Report), the Florida Agency for Health Care Administration (Agency) noted a decline in the number of adverse incident reports, notices of intent to litigate, and serious deficiency citations. Although the report cautions that these declines cannot be attributed to a single factor, the reform measures implemented in 2001 appear to be working. The 2001 reform measures include increased staffing levels, more frequent and thorough visits by Agency nurse monitors, mandatory risk management programs, and enhanced penalties for non-compliance.

Dismissal of Lawsuit Seeking Medicaid Coverage for Assisted Living Facility Upheld
Posted: October 10, 2005
The U.S. Court of Appeals for the Second Circuit affirmed a Connecticut decision that held an elderly disabled woman's rights were not violated when she was denied Medicaid coverage for the cost residing in an assisted living facility. In Leocata v. Leavitt, the court noted that the assisted living facility where she sought to live was not eligible for Medicaid reimbursement.