Compliance Alert

March 4, 2004

Dear Administrator:

Over the last few days, it has come to our attention that the Department of Health ("DOH") has issued numerous enforcement action letters to nursing homes for survey deficiencies that were cited in 2001.  From our review of the letters, it appears that the DOH is seeking enforcement for any quality of care deficiency at the G level or higher or that is substandard quality of care.  Upon receipt of the letter, the nursing home must prominently post a Notice of Violations poster within the facility until the enforcement action is completed.  The enforcement action may be resolved through settlement, after which a Stipulation and Order is signed, or at a hearing, after which an Order will be issued.

If you receive an enforcement letter from the DOH and have any questions or would like additional information, please feel free to contact Patrick Formato or Barbara Phair or any of the other attorneys in our Health Care Law Department at (516) 328-2300.