- Testifying expert and legal consultant
- Deposition, arbitration,and trial appearances
- Detailed case research, review, and analysis
- Evaluate (screen) potential cases for law firms
- Evaluate facility deviations, if any, against applicable internal & external standards
- Detailed affidavits & reports that cross-reference expert findings and opinions to State, Federal, internal (facility), & industry standards
- Determine whether facility deviations represent an isolated departure from the standard of care, or patterns of conduct
- Determine whether nursing home deviations were avoidable based on OBRA (CMS) standards
- Research & evaluate facility regulatory history and compliance patterns
- Research & evaluate Administrator’s regulatory compliance record
- Evaluate Administrator’s operating autonomy compared to Management Company control
- Evaluate conduct & accountability of Administrators
- Identify and evaluate nursing home/ICF-MR “Related Parties” as defined by CMS
- Evaluate the conduct & accountability of facility owners
- Evaluate the conduct & accountability of the facility Governing Body(s)
- Evaluate the conduct & accountability of facility Management Company officials & staff
- Evaluate facility/company operating policies, procedures, protocols, systems, job descriptions, practices, forms, etc.
- Evaluate facility/company management structure and operating models
- Analyze facility Medicare & Medicaid Cost Reports
- Analyze facility income statements
- Evaluate the balance between facility operating profits/losses and quality of resident care
- Compare facility operating performance i.e., staffing levels, surveys, etc. to neighboring facilities, State averages, and national averages
- Evaluate resident admission/retention policies & practices
- Identify facility/company Medicaid discrimination policies & practices, if any
- Evaluate facility/company promotional practices and literature
- Evaluate the competency/effectiveness of facility contractors
- Evaluate staffing conditions i.e., State minimum statutory requirements, Hours-Per-Patient-Day (HPPD), staff-to-resident ratios, caregiver assignments, caregiver turnover statistics/patterns, nursing agency dependency, resident acuity & behavior, locked Dementia Units, etc.
- Evaluate employee screening, hiring, orientation, training, and supervision
- Produce a list of recommended records/information for discovery
- Produce a list of questions for use during staff depositions & trial examination
- Conduct facility site visits/evaluations
- Evaluate facility compliance with Life Safety (Fire) standards
- Interview former facility Administrators, management staff, and caregivers
- Interview resident family members
- Assist law firms in locating expert witnesses
- Meet and/or speak with State regulatory officials regarding facility compliance issues
|
