New CMS Long-Term Care Surveyor Guidance: Key Changes Affecting Residents and Facilities, Compliance, and Litigation

Nursing home surveys are used to determine a facility's compliance with both federal and state laws and the guidelines dictate how those surveys should be conducted. Surveys for the subject facility and for related facilities in the same chain can be valuable tools for plaintiffs. Violations of relevant regulations may be admissible on everything from liability to punitive damages. Thus, for defendants, identifying any survey or citation issues is essential to correctly and realistically evaluating liability and defense options.

On Nov. 18, 2024, the CMS released major changes to CMS' long-term care survey guidelines that inspectors will begin using on Feb. 24, 2025: "Long-Term Care (LTC) Surveyor Guidance Process: Significant Updates Aim to Enhance the Quality and Oversight of LTC Surveys." Changes in these guidelines mean changes in what constitutes a deficiency and how they may be addressed with respect to both existing and new regulations. Significant changes concern admission, transfer, and discharge processes, including prohibiting language in admission agreements that requests or requires a third-party guarantee of payment, medication management, infection control, and health equity considerations.

Listen as this stellar panel of attorneys helps nursing home attorneys understand what the new CMS guidelines say and which guidelines will have the most impact on their practices, whether plaintiff or defense.

1. Overview of surveys and survey process
2. Effect of Loper Bright
3. Key changes affecting residents
4. Key changes affecting facilities or chains

The panel will review these and other key issues:

• Do the changes reflect real world LTC residency and operations?
• How do the changes intersect with new staffing requirements?
• What changes are most likely to affect LTC litigation for plaintiffs and for defendants?