CMS’ Interim Final Rule Regarding COVID-19 Vaccine Immunization Requirements for Residents and Staff

On May 11, 2021, the Centers for Medicare and Medicaid Services (“CMS”) released an interim final rule with comment period that establishes new COVID-19 vaccine immunization requirements for residents and staff.[1]  The rule is scheduled to go into effect on May 21, 2021.  Specifically, CMS added new regulatory requirements at §483.80(d)(3)(i)-(vii) (F887) for long-term care… Read More >

CMS’ Revised Guidance Regarding Nursing Home Visitation

The Centers for Medicare and Medicaid Services (“CMS”) issued revised guidance yesterday afternoon regarding nursing home visitation.1 The substantive revisions to the visitation guidance are summarized below: CMS notes that outdoor visitation is still preferred even when the resident and visitor are fully vaccinated against COVID-19. (NOTE: Fully vaccinated refers to a person who is… Read More >

HHS Advisory Opinion Asserts PREP Act Immunity Extends to Health Care Facilities

On January 8, 2021, the Department of Health and Human Services (“HHS”) issued an important Advisory Opinion regarding the liability protections under the Public Readiness and Emergency Preparedness (“PREP”) Act.  The PREP Act provides limited immunity to “covered persons” with respect to “all claims for loss caused by, arising out of, relating to, or resulting… Read More >

COVID-19 Vaccine Issues and Considerations for Residents and Staff

With COVID-19 cases significantly rising across the country, access to and the distribution of a COVID-19 vaccine will be imperative to ensuring the health and safety of long term care residents and health care personnel who provide care to such residents.  On December 11, 2020, the Food and Drug Administration issued an Emergency Use Authorization… Read More >

Failure to Safeguard Electronic Protected Health Information Results in $1,040,000 Settlement

On April 21, 2017, Lifespan Corporation, the parent company and business associate of Lifespan ACE, filed a breach report with Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS).  An affiliated hospital employee’s laptop was reported stolen.  This laptop contained electronic protected health information (ePHI), which included patient names,… Read More >

COVID-19 Hazard Pay Grant

The Pennsylvania Department of Community and Economic Development recently announced the availability of grants that will provide hazard pay for certain eligible employees.  According to the Program Guidelines’ Statement of Purpose, “hazard pay is intended to keep front-line employees working in sectors that are vital to every Pennsylvanian’s existence.”  The program will help employers provide… Read More >

HHS Announces Another Round of Federal Funding for SNFs

This week the Department of Health and Human Services (HHS) announced plans to distribute a total of $5 billion in new funds to eligible skilled nursing facilities (SNFs) nationwide.  Once again, this new SNF-targeted distribution will be made via the federal Provider Relief Fund under the CARES Act. HHS will issue the funds to build… Read More >

Mandatory Testing of Independent Living Residents and Staff

Residents of the elderly housing component of a continuing care retirement community (“CCRC”) most likely would be considered as having a much greater risk of severe illness and/or death from COVID-19 due to their age and possible underlying health conditions than residents of housing accommodations that are not limited to the elderly.  As a licensed… Read More >

Compliance and Ethics Program Implementation

Effective November 28, 2019, the Phase III requirements of the Long Term Care Requirements of Participation require all nursing facilities to implement a Compliance and Ethics program consistent with the dictates of 42 CFR § 483.85 (F895). The Rule obligates facilities to have a written compliance and ethics program in place that is likely to… Read More >

Latsha Davis & Marshall, P.C. at PHCA Annual Convention

On Thursday, September 26, 2019, David C. Marshall, Esq. and Peter R. Wilson, Esq. will give a lecture entitled, “Critical Legal Issues to Consider When Buying or Selling a Nursing Facility” from 9:30 to 10:30am at PHCA’s 2019 Annual Convention, held at the Valley Forge Casino Resort. We hope to see you at our session, and… Read More >