Medicare Part D Update: Avoiding a New Liability for Nursing Homes

As is too often the case, federal legislation has set up a system that did not fully take into account the unique environment that exists in nursing facilities. Medicare Part D is a prime example. In addition to difficulties imposed by the unique and already heavily regulated environment of nursing facilities, these regulations are now in conflict with the new Part D federal legislation.

The basis for this conflict is Medicare Conditions of Participation that requires skilled nursing facilities (SNFs) to provide all of the care and services that are medically necessary to their resi...