Third Circuit Designates Case Involving Skilled Nursing Facility’s Incident Reports as Precedential

On August 14, 2012, the U.S. Court of Appeals for the Third Circuit ordered that its February 2, 2011 decision in the case of the Jewish Home of Eastern PA v. Centers for Medicare and Medicaid Services, HHS, be designated as precedential. Significantly, this is the first time any federal court has dealt with the issue of whether a skilled nursing facility’s (SNF) incident reports are shielded by a quality assurance privilege in the context of federally mandated surveys.

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