Tuesday, January 27, 2015

Questionable Tactic Leads to Novel NF Lawsuit

Dianne De La Mare

The New Mexico Attorney General has filed a complaint against a NF corporation alleging violations of fraud, unfair practices, breach of contract, and unjust enrichment. This action seems to be motivated by a national strategy being implemented by plaintiffs’ attorneys Cohen Milstein and David Marks who reach out and contract with state Attorney Generals to move these complaints forward.

Specifically, these complaints construct a minimum PPD (staffing measure in “hours per patient day”) for each defendant using a computer-simulated staffing model that calculates PPDs based on Section G of the MDS. The complaint refers to this model as a “widely-accepted industrial engineering simulation” to determine the level of staffing and cites to documents stating that this is “scientifically-established labor times.”  However, the model has not been approved by the Centers for Medicare & Medicaid Services.

To understand the theory better go here.

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