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September 2015 Archives

Court Issues Significant Medical Assistance Undue Hardship Waiver Decision

In Colonial Park Care Ctr. v. Dep't of Human Services, a decision published on September 21, 2015, the Commonwealth Court of Pennsylvania affirmed the decision of the Bureau of Hearings and Appeals (BHA) imposing a penalty on a nursing facility resident's eligibility for Medical Assistance (MA) benefits due to a transfer of assets for less than fair market value. While the ruling is somewhat predictable and represents a loss for the beneficiary, the decision appears to expand the traditional basis upon which a beneficiary can seek an undue hardship waiver from a penalty period.

Federal Court Provides First Decision on ACA 60 Day Self-Disclosure of Overpayment Rule

The Affordable Care Act requires providers to return overpayments to federal health care programs within 60 days of identification. Neither the ACA nor federal regulations specifically define when an overpayment is "identified" for purposes of beginning the 60-day clock. In 2012, CMS issued a proposed rule (never finalized) that would define an overpayment to be identified when a person has actual knowledge of, or acts in deliberate ignorance/reckless disregard of the overpayment's existence. The provider community rejected this definition as being too broad, arguing that an overpayment should only be "identified" when the actual amount of the overpayment was determined.

NBI National Teleconference, Wednesday, September 30, 2015 2:00-3:30 p.m.

**UPDATED LINK:  Latsha Davis & McKenna, P.C. is pleased to announce that Kevin M. McKenna, Esq. will be hosting an NBI national teleconference http://www.nbi-sems.com/Details.aspx/R-70676ER%7C?ctname=SPKEM on  Charter School Law on Wednesday, September 30, 2015 from 2:00 p.m. to 3:30 (Eastern time).  For more information, please do not hesitate to contact Kevin M. McKenna at: kmckenna@ldylaw.com.

Commonwealth Court hands major victory to charter schools

Latsha Davis & McKenna, P.C. is pleased to announce a victory on behalf of charter schools. In 2010 the School Reform Commission moved to cap enrollment in and payments to city charter schools that had agreed to limits, but it declined to do so under new charters. Various charter schools which Latsha Davis & McKenna represented joined in a suit claiming the caps were illegal. On August 27, 2015, the Commonwealth Court of Pennsylvania ruled that the Philadelphia School District does not have the power to override state law and limit charter-school enrollment.

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