When was the last time your facility’s admission agreements were reviewed for contractual and/or regulatory compliance? Have you accounted for recent changes in licensure requirements that may impact on those contractual arrangements with residents? For example: Now that a new year is here, we recommend that you consider having your admission agreements reviewed and updated… Read More >
Our attorneys will be conducting educational sessions and attending the conference’s exhibition. The dates, times, and titles of the firm’s sessions during the conference are as follows: DATE TIME SESSION Tuesday, May 16, 2023 10:30 a.m. – 11:30 a.m. 2023 Long-Term Care Provider State and Federal Legal Update Wednesday, May 17, 2023 10:30 a.m. –… Read More >
Pennsylvania Revises Nursing Facility Licensure Regulations On October 28, 2022, the Independent Regulatory Review Commission (IRRC) voted to approve all four final form regulatory packages that had previously been submitted by the Pennsylvania Department of Health to overhaul the Commonwealth’s nursing facility licensure regulations. The new regulations will go into effect on July 1, 2023. … Read More >
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 >
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 >
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 >
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 >
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 >
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 >
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 >
