News & Insights


Issues Facing SNFs and Other Post-Acute Providers from a Compliance, Liability, and Enforcement Perspective Amidst the COVID-19 Pandemic

The first reported outbreak of COVID-19 in the United States took place in a skilled nursing facility (SNF) in Kirkland, Washington. In the ensuing weeks, SNFs have been among the most affected healthcare providers from COVID-19 infections and fatalities. Members of Congress have scrutinized CMS’s plans to protect nursing home residents and have inquired about the enforcement actions the agency intends to take to address deficiencies related to infection control. Congress is also considering immunity for healthcare providers as part of the next stage of COVID-19-related legislation. In addition, state regulators and attorneys general are actively investigating whether nursing facilities have complied with state and federal safety requirements during the pandemic. Finally, the plaintiffs’ bar has set its sights on nursing facility owners and operators for lawsuits alleging systemic negligence. And even before the COVID-19 pandemic began to affect the United States, the Department of Justice launched the Elder Justice Initiative, which made the safety of nursing home residents a key enforcement priority.

On June 24, King & Spalding will host a discussion of the compliance, liability and enforcement landscape for SNFs and other post-acute providers. The King & Spalding presenters will be joined by Beth Jafari, Chief of Staff for Senator John Cornyn (R-Texas). Senator Cornyn has proposed legislation to establish standards for liability pertinent to frontline health care workers and small businesses that act in good faith and follow relevant guidelines during the public health emergency.

Topics of discussion will include:

  • Consideration of immunity protections on the state and federal levels for COVID-related care;
  • Congressional inquiries into post-acute providers and their handling of the COVID-19 pandemic;
  • The DOJ’s new National Nursing Home Initiative and compliance considerations for post-acute providers;
  • CARES Act Funding for SNFs and compliance with applicable terms and conditions;
  • Increased oversight of post-acute providers by the OIG, CMS, and State Survey Agencies; and
  • Litigation targeting post-acute providers involving tort claims and class-action lawsuits. 

For questions, contact Christine Lieber at



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Event Details

Date: June 24, 2020

Time: 12:00 pm (ET)

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