Law Commons^™

State Regulation Of Long-Term Care: A Decade Of Experience With Intermediate Sanctions, Sandra H. Johnson

All Faculty Scholarship

The use of intermediate sanctions to enforce nursing home regulations marks a revolutionary and innovative legislative step to achieve, in addition to punishment, also rehabilitation and deterrence goals. This article evaluates the implementation of intermediate sanctions by the states, highlighting the ways in which similarities and differences in state statutes impacts effective implementation.

The article begins by considering legal challenges to state intermediate sanctions, including a constitutional challenge to the power of states to specify general standards for nursing homes and a notice challenge in light of statutory vagueness.

Next the article considers specific intermediate sanctions and makes recommendations to …