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 >

CMS Update to Nursing Home Visitation Memorandum

The holidays are fast approaching, and residents and family members will want to make plans soon to spend time together.  With the strict restrictions of 2020 loosening somewhat, this holiday season will likely be a very busy season for both nursing facility visits, and for resident outings. On November 12, 2021, CMS revised its Nursing… Read More >

Administrative Agencies Release Interim Final Rules (IFR) on Vaccination Mandates

On November 4, 2021, the Centers for Medicare and Medicaid Services (“CMS”) released the text of its long-awaited Interim Final Rule (“IFR”) entitled “Omnibus COVID-19 Healthcare Staff Vaccination.” On the same date, the Occupational Safety and Health Administration (“OSHA”) released the text of its IFR entitled “COVID-19 Vaccination and Testing ETS”.  Both regulations contain official… Read More >

Special Announcement

Since the formation of Latsha Davis & Marshall, P.C. in May 1994, founding member Kimber Latsha has served as the firm’s managing shareholder. Under his leadership, the firm developed a nationally recognized healthcare practice, providing the highest quality legal services to the long term care provider community. Thanks to Kimber’s focus and drive, our firm… Read More >

HUD and HHS Expand Interpretation of Sex Discrimination

Following the Supreme Court’s decision in Bostock v. Clayton County in 2020 and Executive Order 13988 issued January 20, 2021, federal and state agencies are revising their interpretation of “sex discrimination” to include discrimination on the basis of gender identity and sexual orientation. On February 11, 2021, the U.S. Department of Housing and Urban Development… Read More >

Important Changes to Antikickback Statute Safe Harbors

Effective January 19, 2021, the Office of the Inspector General (OIG) at the Department of Health and Human Services (HHS) finalized changes to various Safe Harbors to the Antikickback Statute.  Importantly, the changes alter the requirements of the Personal Services and Management Contracts Safe Harbors, which are applicable to the vast majority of contract agreements… Read More >

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 >