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Latsha Davis & McKenna Law Blog

Latsha Davis & McKenna, P.C. to Co-Present at AERA 2017 Annual Meeting.

Latsha Davis & McKenna is pleased to announce that Nicole D. Snyder, Esquire., will co-present at the AERA 2017 Annual Meeting in San Antonio, TX. The presentation is entitled: "Parents' Use of Litigation to Enhance the Experience of Student with Disabilities in Online Schools."

Nursing Home Medical Assistance Per Diem Payments To Be Denied If Resident's Attending Physician Not An MA Certified Provider

In a Medical Assistance (MA) Bulletin issued April 1, 2016, the Department of Human Services (DHS) stated that effective September 25, 2016, physicians and practitioners who order, refer or prescribe items or services for MA beneficiaries must themselves be enrolled in the MA Program. The Bulletin states that to "track" this requirement, DHS will look to the claim field for the "ordering or referring physician" and the NPI number associated with that physician. If that physician is not on file as an MA provider, then the claim will be denied.

LDM Attorneys To Present At PACAH 2017 Spring Conference

PACAH's 2017 Spring Conference is scheduled for April 25th through 28th in State College, PA. Our attorneys will be available during the conference and will be presenting the following sessions:

Rebranding Your Organization

Longstanding provider organizations are increasingly seeking to update their corporate image and project a modern look to their delivery of housing and care services. A "Corporate Rebranding" is a means to this end, through which the organization is renamed and begins a marketing campaign to re-introduce itself to the public and potential consumers. A Corporate Rebranding can take many forms - changing the legal name of the organization itself, developing fictitious names for the organization and its various components and subsidiaries, and, in some cases, changing operational models or developing additional services for consumers.

OIG Issues Resource Guide For Measuring Effectiveness of Corporate Compliance Programs

On March 27, 2017, the Office of the Inspector General ("OIG") posted a Resource Guide for Measuring Compliance Program Effectiveness. You can access the OIG's Guide here. The Guide is organized under the following "elements" that should be addressed under an organization's Compliance Program:

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.

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