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Nursing Home Depositions: State Surveys, MDS, OBRA, Policies Manuals

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, July 8, 2025 (in 9 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
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This CLE webinar will discuss handling state surveys and reports, patients' Minimum Data Set (MDS) required assessments, the Omnibus Budget Reconciliation Act (OBRA) and related regulations, and policy and procedures manuals used in nursing home depositions. The panel of nursing home defense counsel will discuss tactics of plaintiff’s counsel attempting to use these materials to establish the standard of care and deviations from that standard including best strategies for defending depositions involving these documents.

Description

Nursing homes are highly regulated through comprehensive federal and state laws and regulations in order to participate in Medicare and Medicaid programs. Plaintiffs in nursing home neglect and abuse cases often point to these regulations and the reports and records they mandate in an effort to expose and illustrate the applicable safety rules, alleged violations or deviations from those rules, and how those deviations resulted in harm.

Nonetheless, nursing home defendants often argue that applicable rules and regulations deal only with reimbursement conditions and do not establish a standard of care. Similarly, defense counsel often posit that the nursing home's policies and procedures are merely guidelines, not requirements.

Listen as this expert panel of defense nursing home litigators explores how plaintiffs may attempt to use the applicable rules and regulations and best strategies for limiting the damage this can cause.

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Outline

  1. Preparing for deposition
    1. Selecting deponents
    2. Obtaining the documents
  2. Deposing the witness
    1. Minimum Data Set (MDS)
    2. Omnibus Budget Reconciliation Act (OBRA)
    3. State surveys
    4. Policies and procedures manuals

Benefits

The panel will review these and other key issues:

  • What is an MDS, and what does it require? What are the latest rules and regulations for state surveys?
  • What reports are signed under penalty of perjury by the nursing home?
  • What makes an injury unavoidable?
  • What happens when nursing homes fail to advise families that they lack the resources to care for the patient?
  • What is the relationship between policies and procedures manuals, and standards of reasonable care?

Faculty

Cristiano, Robert
Robert J. Cristiano
Of Counsel
Wilson Elser

Mr. Cristiano defends against medical malpractice claims with a concentration in long-term care and nursing...  |  Read More

McCrink, Katherine
Katherine L. McCrink
Partner
Wilson Elser

Ms. McCrink focuses her practice on the defense of medical malpractice, nursing home liability and general liability...  |  Read More

Attend on July 8

Cannot Attend July 8?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video