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The Legal Implications Of Documentation For Nursing Homes

December 4, 2003

Maureen Weaver

I.INTRODUCTION
A. Sources of Law

1. Statute
2. Regulation
3. Courts

B. Other Requirements

1. JCAHO

2. Ethical Standards

C. Areas of Potential Liability For Documentation Problems

1. Department of Public Health Licensure Actions Against Facility
a. Violations
b. Citations

2. Department of Public Health – Boards for Licensed Professionals

3. Medicare/Medicaid Requirements for Participation
a. OBRA Deficiencies and Enforcement Rules

4. Civil Litigation
a. Negligence Principles

5. Criminal Investigations/Proceedings
a. Medicare/Medicaid Fraud
b. Patient Abuse

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