1. M.Stempniak “What Nursing Homes Can Learn from a ‘Troubling’ Court Decision on Sexual Consent ”McKnights Long‐Term Care News December 18 2018 https://www.mcknights.com/daily-editors-notes/what-nursing-homes-can-learn-from-a‐troubling‐court‐decision‐on‐sexual‐consent/.
2. This definition of an immediate-jeopardy violation comes from the Centers of Medicaid and Medicare Services’ guidance specifically appendix Q “Core Guidelines for Determining Immediate Jeopardy ” in State Operations Manual issued March 6 2019 https://www.cms.gov/Regulations-and-guidance/Guidance/Manuals/downloads/som107ap_q_immedjeopardy.pdf p.1. The citation in the Neighbors case was for a violation of 42 C.F.R. 488.301 which states that a facility must have “a level of compliance with the requirements of participation such that any identified deficiencies pose no greater risk to resident health or safety than the potential for causing minimal harm.”
3. Neighbors Rehabilitation Center LLC v. United States Department of Health and Human Services Departmental Appeals Board and Centers for Medicare and Medicaid Services 18-2147 (7th Cir. 2018)
4. Centers for Medicare and Medicaid Services "Revisions to Appendix Q Guidance on Immediate Jeopardy " March 5 2019 athttps://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions-Items/QSO19-09-ALL p.6.
5. A Study of Sexuality and Health among Older Adults in the United States