Oct 3, 2016 | Nursing Home Abuse & Neglect
A new rule promulgated by the Centers for Medicare and Medicaid (CMS) has the legal world in a fury right now. CMS has enacted an administrative rule that bars nursing homes participating in the Medicare/Medicaid program from forcing patients/residents to arbitrate...
Sep 29, 2016 | Nursing Home Abuse & Neglect
Great news for nursing home residents and their families. Because of a new federal administrative rule, Nursing Homes that accept Medicaid and Medicare (basically all of them) can no longer force their patients into arbitration. This sweeping news reverses the course...
Jul 5, 2016 | Nursing Home Abuse & Neglect
Last week, we wrote about a new ruling that is bad for nursing home residents. But good news, this week we report about a ruling that helps victims of nursing home abuse. On June 7, 2016, the Oklahoma Supreme Court issued a ruling that helps plaintiffs in...
Jul 1, 2016 | Nursing Home Abuse & Neglect
I’ve previously written arbitration in nursing home cases. However, a new decision by the Oklahoma Court of Appeals now renders most of that advice invalid. In this blog post, I will explain this new ruling, how it compares to existing case law in Oklahoma, how it...
May 25, 2016 | Nursing Home Abuse & Neglect
UPDATE 06/30/2016: After this article was posted online, the OBA published (05/28/2016 issue) a ruling by the Oklahoma Court of Civil Appeals that substantially affects this area of law. Accordingly, the content of this article may be out of date and no longer...
May 20, 2016 | Nursing Home Abuse & Neglect
Can a patient or family place a hidden camera in the patient’s room? Yes. The patient in an Oklahoma nursing home has an absolute right to place cameras in the room. The nursing home cannot prevent this. Cameras are a bad nursing home’s worst enemy, because it...
