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Latsha Davis & McKenna Law Blog

Charter School Leaders Seminar - December 6, 2016

Latsha Davis & McKenna is pleased to announce that on December 6, 2016,

DEPARTMENT OF LABOR'S OVERTIME RULE HALTED

On November 22, 2016, Judge Mazzant of the United States District Court for the Eastern District of Texas granted an emergency motion for preliminary injunction which temporarily halts the implement of the Department of Labor's ("DOL's") new federal overtime rule raising salary thresholds to be exempt from overtime. Twenty-one states and fifty private parties had filed suits which were consolidated into the case of State of Nevada, et. al. v. United States Department of Labor, et. al.. The Court's grant of a preliminary injunction preserves the status quo while the court determines the DOL's authority to make its final rule as well as the final rule's validity. While the grant of the preliminary injunction is not permanent, it is certainly a bad omen for DOL's implementation of the rule. It is thought that Judge Mazzant would not have granted a preliminary injunction unless, among other things, he feels that the States have shown a substantial likelihood of succeeding on their underlying claims.

Revisions to Nursing Facility Admission Agreement Due to Changes Under LTC Final Rule

The Long-Term Care Final Rule which revises the requirements of participation in the Medicare and Medicaid programs will become effective on November 28, 2016. As a result of the changes under the Final Rule, providers will need to review their nursing facility admission agreements to ensure that the provisions of the agreement are consistent with the regulatory requirements. In addition to reviewing and updating the admission agreement, providers will also need to review and update existing policies and procedures and/or develop new policies to reflect the changes under the Final Rule. READ MORE - Revisions to Nursing Facility Admission Agreement Due to Changes Under LTC Final Rule.docx

U.S. District Court Grants Injunction Staying CMS Ban on Pre-Dispute Binding Arbitration Agreements

On November 7, 2016, the U.S. District Court for the Northern District of Mississippi granted the motion for preliminary injunction filed by the American Health Care Association (AHCA) and other plaintiffs, staying the November 28, 2016 effective date of the ban on pre-dispute binding arbitration agreements imposed by the Centers for Medicare & Medicaid Services (CMS). CMS has the right to appeal the District Court's decision to the Fifth Circuit Court of Appeals. At this point in time, we have not had confirmation as to whether CMS will invoke its right to an appellate court review of the District Court's ruling.

Latsha Davis & McKenna, P.C. to Present a Session at the OAPCS 10th Annual Ohio Charter Schools Conference

Latsha Davis & McKenna, P.C. is pleased to announce that Nicole D. Snyder, Esq. will be presenting a session entitled: "Empowering Schools to Meet the Diverse Needs of Special Education Students" at the OAPCS 10th Annual Ohio Charter Schools Conference.

Latsha Davis & McKenna, P.C. to Co-Present at the Education Law Association's 62nd Annual Conference (ELA)

Latsha Davis & McKenna, P.C. is pleased to announce that Nicole D. Snyder, Esq. will be presenting at the 62nd Annual Education Law Conference in Orlando, FL on Friday, November 4, 2016 @ 10:00AM at the Buena Vista Palace by Hilton, Orlando, FL. She will be presenting on "Response to Intervention: Fidelity or Myth?"

2016 Education Law Association Conference - November 3-5, 2016, Orlando, Florida

Latsha Davis & McKenna is pleased to announce that on November 4, 2016,

Notice of Nondiscrimination and Taglines Posting Requirements Now in Effect

The Final Rule implementing Section 1557 of the Affordable Care Act went in to effect on October 16, 2016. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities.

iNACOL Blended and Online Learning Symposium - October 25-27, 2016, San Antonio, Texas

Latsha Davis & McKenna is pleased to announce that on October 25, 2016,    Kevin M. McKenna, Esquire kmckenna@ldylaw.com will be co-presenting at the iNACOL Blended and Online Learning Symposium pre-conference workshop entitled "An Update on Online Learning and Students with Disabilities: Practitioner Perspectives, Research Results and the Legal Landscape" from 1:00 p.m. - 4:00 p.m.

CMS Imposes Ban on Pre-Dispute Binding Arbitration Agreements in Nursing Facilities

On September 28, 2016, the Centers for Medicare & Medicaid Services ("CMS") issued the final Requirements of Participation ("Final Rule") for nursing facilities. The Final Rule becomes effective on November 28, 2016. A key provision under the Final Rule is the ban on pre-dispute binding arbitration agreements. Nursing facilities that participate in the Medicare or Medicaid programs are prohibited from: (a) entering into a pre-dispute arbitration agreement with a resident or a resident's representative; and (b) requiring a resident to sign an arbitration agreement as a condition of admission. In light of the Final Rule, facilities that currently utilize a pre-dispute binding arbitration clause or agreement have a couple of potential options. One option is to wait and see if any litigation is filed by any providers supported by their representative trade association to challenge the regulation. In such event, an injunction most likely would be requested, and if granted, would stay the implementation date of the ban until a decision could be made on the merits of CMS' rulemaking. Another option is to develop a plan to amend your current arbitration clause or agreement to conform to the new rule. Facilities that utilize a separate stand-alone agreement would need to discontinue its use by the effective date. Facilities that have an arbitration clause within their admission agreement could either strike it out or remove it from the admission agreement.

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