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August 2015 Archives

CMS Proposes Compliance and Ethics Program Requirements for Long Term Care Providers

The Affordable Care Act required long term care provider to implement a corporate compliance plan by March 23, 2013. Despite the Act's requirements, neither CMS nor the OIG have promulgated regulations to carry out this statutory mandate. However, in the July 16, 2015 Federal Register.pdf, containing the proposed changes to the Requirements of Participation for long term care facilities, CMS proposes to add a new regulation, 42 CFR 483.85, requiring a nursing facility's operating organization to implement a compliance and ethics plan consistent with the regulatory provisions. The proposed rule establishes basic standards that apply to all operating organizations, and then imposes additional standards on those organizations with five or more facilities.

Chester Upland School District Challenged Governor's Charter School Funding

Latsha Davis & McKenna, P.C. is pleased to announce an important victory on behalf of charter schools and cyber charter schools. On August 25, 2015, the Delaware County Court of Common Pleas entered an Opinion and Order in In Re: Appointment of a Receiver for the Chester Upland School District that prevents the Pennsylvania Department of Education and the Chester Upland School District from implementing portions of a proposed Amended Financial Recovery Plan aimed at decreasing charter school and cyber charter school subsidies. After a two-day hearing in which our office participated on behalf of several charter schools and cyber charter schools, the court disapproved the arbitrary and capricious proposed reduction in cyber charter school tuition rates and held the initiative on special education funding to be wholly inadequate.

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