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Residents caught in middle of legal battle

LTC Liability Monitor, December 11, 2006

A U.S. district judge volunteered to mediate a case to help resolve a situation that could lead to removing dozens of Lexington, KY, nursing home residents from their facility, reported the Lexington Herald-Leader. The judge asked nursing home representatives and CMS officials to meet with him this week to try to reach a resolution. CMS notified the 120-bed nursing home last week that its Medicare and Medicaid funding would be cut off December 3 because of an alleged ongoing pattern of poor resident care. The nursing home filed a lawsuit against CMS last week, claiming that the government did not give proper notice that it planned to shut off the funds and that inspectors should have come back for another inspection, according to the Herald-Leader.

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