Partner Matthew J. Platkin, former chief counsel to New Jersey Governor Phil Murphy, speaks to McKnight’s Long-Term Care News about litigation risks to nursing homes and other long-term care facilities due to noncompliance with public health regulations during the COVID-19 pandemic.
“If you’re a long-term care facility, it’s important to know what your obligations are under state and federal regulation,” he says. “And to the extent you’re facing litigation, it’s important to see what actions your state has taken to change the potential liability of long-term care facilities.”
Platkin warns that facilities across the country are currently facing civil and criminal suits, regulatory agency actions, and Department of Justice enforcement measures: “If they fail to comply with a new regulation down the road, it could be the basis for cause of action against them.” He continues: “The critical thing is to monitor changes in regulations or obligations they have to fulfill. That includes any reporting obligations. It’s really critical [that] there are systems in place to fulfill any reporting obligations imposed on them.”
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