[co-author: Genta Iwasaki]
In a February 10, 2021 ruling (the “Garcia Ruling”) out of the District Court for the Central District of California (the “CDCA Court”) in the case of
., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19.
Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senior and long term care facilities is tremendously significant to the industry.
Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers? Monday, March 8, 2021
In a February 10, 2021 ruling (the “Garcia Ruling”) out of the CDCA Court for the Central District of California (the “CDCA Court”) in the case of
., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19.
Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senio
Friday, February 5, 2021
On January 13, 2021, Brad Smith, the fourth director of the Center for Medicare and Medicaid Innovation (the “
Center”), published an article[1] in the New England Journal of Medicine in which he evaluates the Center’s performance over its decade-long history against the Center’s stated goals – to decrease health care spending and improve health care quality. Smith describes an underwhelming showing from the Center and puts forward several key lessons from the Center’s past performance as a way to inform and improve future performance.
Ten Years With Very Little to Show
Over the past ten years, the Center has used $20 billion to launch 54 payment models – all payment models targeting various areas of the health care sector with almost 1 million participating health care providers and approximately 26 million covered patients. Despite this financial outlay and scope, most of the Center’s models have operated at a net loss wit