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October 2016 Archives

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 [email protected] 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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