Representation of Skilled Nursing Facility in a Federal Administrative Hearing

Our client, a skilled nursing facility, is the subject of a survey alleging deficient practices at the immediate jeopardy level based on the allegedly criminal actions of a licensed healthcare professional. We investigated the facts, researched the applicable legal principles, and represented the facility in a federal administrative hearing before an administrative law judge of the U.S. Department of Health and Human Services, Departmental Appeals Board. The matter is important to the facility due to the substantial sanctions at issue, and important to the long-term care industry because it presents an opportunity to clarify the limits of facility liability under federal law for the unauthorized actions of a noncompliant staff member.