This week, ESI's leadership team, Jason and Jeremy Stroiman, led a fireside chat with Foley & Lardner LLP. This webinar focused on the landscape of government enforcement in the skilled nursing industry and was divided into two parts: trends in government enforcement and steps to effectively navigate these trends.
If you missed it, you can watch the recording here: Fireside Chat: Stroiman Brothers, Matthew Jassak & Matthew Krueger Talk Government Enforcement in the Skilled Nursing Industry
In this post, we will recap the current and upcoming trends in government enforcement and their impact on the skilled nursing landscape, as discussed in the webinar.
Current & Upcoming Trends in Government Enforcement
Before the presentation, ESI asked the audience of skilled nursing owners and operators which area of compliance they were most concerned about in their operations.
An overwhelming 67% chose staffing as the area they are most concerned about. 22% answered quality of care standards, and 11% answered medicare/medicaid billing.
Matthew Jassak, partner and real estate business lawyer at Foley & Lardner LLP, and co-chair of the firm's Post-Acute Care & Senior Housing Team, shared his insights on the current state of government enforcement.
"As the poll showed, staffing is a real issue right now and, frankly, will be for the foreseeable future," noted Jassak.
Jassak went on to emphasize that even with uncertainties around the upcoming staffing mandate and the election, attention from the DOJ and HHS-OIG on facilities' staffing levels will remain high, regardless of potential legal challenges or changes in administration. He pointed out that maintaining accurate and transparent staffing records is crucial to avoiding enforcement actions.
Matthew Krueger, a former U.S. attorney and now a partner in Foley & Lardner's Government Enforcement Defense and Investigations practice, highlighted several critical trends we will see in the future. On the webinar Krueger advised operators to take caution.
"Be very careful with how you structure your financial relationships with any physicians, in particular, or hospitals or anywhere that could be the source of residents to facilities."
He noted that this area will continue to be a significant focus for government scrutiny. Krueger advised facilities to conduct regular audits and ensure that all financial relationships comply with regulatory standards to mitigate risks.
If you are interested in diving deeper into current and upcoming government trends and insights shared in the webinar, you can view the full recording here: Fireside Chat: Stroiman Brothers, Matthew Jassak & Matthew Krueger Talk Government Enforcement in the Skilled Nursing Industry