CMS Issues Guidance on Use of Arbitration Agreements

On July 18, 2019, the Centers for Medicare & Medicaid Services (CMS) published its final rule that revised the arbitration agreement requirements for nursing facilities that participate in the Medicare and Medicaid programs.  In general, the final rule prohibited nursing facilities from requiring individuals to agree to arbitration as a condition of admission or continued… Read More >

CMS Updates SOM to Provide Further Guidance on Phase 3 Requirements

Regulations associated with the Phase 3 Requirements were formally implemented on November 28, 2019.  However, the State Operations Manual was not updated to reflect the Phase 3 Requirements at that time, and CMS advised that surveys to assess compliance with the Phase 3 Requirements would not start until the issuance of the updated State Operations… Read More >

Are You Prepared for Implementation of and Compliance with the HCBS Settings Rule?

In 2014, the Centers for Medicare and Medicaid Services (“CMS”) finalized requirements for the settings in which Medicaid HCBS services may be provided under 1915(c) waivers (the “Settings Rule”).  In 2016, the Pennsylvania Office of Long-Term Living (“OLTL”) provided further guidance to providers on the Settings Rule, and listed the following as locations for which… Read More >

Annuity Issues in Medicaid Eligibility

Elder law attorneys and financial planners are utilizing Medicaid-compliant annuities with increasing frequency. While these planning strategies are legal, they can frustrate the expectations of a senior living services provider that made an admission decision based on the assets declared as part of the application process if the resident requests benevolent care or applies for… Read More >

DOH Issues Third Package of Proposed Changes to NF Licensure Regulations

On July 21, 2021, the Pennsylvania Department of Health announced its intent to amend the long-term care regulations.  The Department advised at that time that its proposals would be released in five separate packages.  The first package was released on July 21, 2021, the second was released on October 9, 2021, and the third package… Read More >

CMS Vaccine Mandate Update

On January 13, 2022, the Supreme Court of the United States (“SCOTUS”) issued two separate opinions regarding the November 5, 2021, CMS Vaccine Mandate and the November 5, 2021, OSHA ETS.  In National Federation of Independent Business v. OSHA, SCOTUS ruled that while OSHA did have the authority to regulate occupational dangers, it did not… Read More >

HIPAA Breach Reporting Deadline – March 1, 2022

Covered Entities are required to report breaches of unsecured Protected Health Information (“PHI”) involving fewer than 500 individuals to the Office of Civil Rights (“OCR”) of the federal Department of Human Services within 60 days of the end of the calendar year in which the breach occurred.  Accordingly, a breach occurring in 2021 must be… Read More >

CMS Vaccine Mandate Update

On December 15, 2021, a three-judge panel of the Fifth Circuit Court of Appeals ruled that the Louisiana federal district court did not have the authority to issue a nationwide injunction in its November 30, 2021, Order that blocked the CMS Vaccine Mandate. The Court ruled that the injunction would remain in place only in… Read More >

Special Announcement

New Shareholder – Peter R. Wilson, Esq. The shareholders of Latsha Davis & Marshall, P.C. are pleased to announce the election of Peter R. Wilson, Esq. to shareholder.  Peter has been with the firm since 2011, and is Chairman of firm’s Health Care Transactions Practice Group, which provides corporate and transactional services to a wide… Read More >

CMS Vaccine Mandate Update

As of today, two separate United District Court decisions have enjoined CMS from implementing or enforcing the CMS Interim Final Rule requiring staff vaccination (“CMS Mandate”).  In State of Missouri, et al. v. Joseph R. Biden, Jr., the United States District Court for the Eastern District of Missouri ruled that CMS must suspend implementation and… Read More >