The Devil You Don't Know: Litigation and Enforcement Trends in Long-Term Care

Abstract

Long-term care providers have recently been subjected to increased regulatory scrutiny as well as to increased threat of criminal prosecution and of significant malpractice judgments. Long-term care providers must recognize that, although not designed or intended for such usage, the regulatory survey and certification process used to determine eligibility to participate in the Medicare and Medicaid programs may provide a road map of deficient practices for malpractice actions and for criminal prosecutions. Long-term care providers must develop strategies that enable delivery of of optimal patient care and also assure that they respond to surveys in ways that minimize exposure to collateral litigation risks.