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News from Second and State

Harrisburg was a hive oinally activity this week, with both the House and Senate in town for voting session. There were committee meetings aplenty, too. On Monday, the House Appropriations Committee reported out H.B. 1956...more

Summary of HUD's Lean 232 Program Email Blast Office of Residential Care Facilities (ORCF) April 2016

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim...more

Religious Institutions Update: May 2016

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more

Blogster's Miscellany: Eight Items Just Begging for More Attention, Comment

Ben deRuyter, a Democrat from Brewster announced this past Friday (April 15) he was withdrawing from the race to succeed Cape Cod state senator Dan Wolf because he wants to spend more time with his family. I’m sure his...more

Banking & Financial Services E-Note - March 2016

Within Burr & Forman's footprint, Florida, Mississippi, and Tennessee have passed statutes exempting Health Savings Account ("HSA") contributions from a debtor's bankruptcy estate. To date, the state of Georgia has not passed...more

California’s Fair Day’s Pay Act May Impose Liability on Individuals for Wage Claims

Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses...more

Summary of HUD's LEAN 232 Program Email Blast Office of Residential Care Facilities (ORCF) February 2016

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim...more

Will Your Form of Resident’s Agreement Hinder Potential Eviction?

When a tenant in an independent living community fails to pay rent, an operator will want to remove the tenant as quickly as possible with the fewest administrative hurdles. If a residency agreement does not specify the...more

The Use of Condominium Regimes in Senior Housing Facilities

Given the degree of flexibility created by the condominium form of ownership of real property, it is probably not surprising that condominium regimes are often employed in connection with senior living facilities. Such...more

Senior Housing Quarterly Report – Q3

1. Key Findings - The state of senior care was a major story during the third quarter, both in terms of the care provided and the facilities. Experts debated over the growth of the senior living provider market, with...more

Summary of HUD's LEAN 232 Program Email Blast Office of Residential Care Facilities (ORCF) October 30, 2015

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim...more

EXPECT FOCUS: Onboard Technology, NAIC Cybersecurity, DOL, ACA Litigation, SEC Regulation (Vol. III, Summer 2015)

In This Issue: IN THE SPOTLIGHT - - Your Data Breach Collided With My Personal Injury Coverage LIFE INSURANCE - - Phantom Injury Dooms “Shadow Insurance” Case - Latest NAIC Cybersecurity News...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

Can a Tenant Be Evicted for Using Medical Marijuana?

We don’t yet have an officially reported case in California on whether a landlord has the right to get a court order declaring a lease terminated and evicting the tenant based solely on the tenant’s use of medical marijuana....more

Summary of HUD's LEAN 232 Program Email Blast Office of Residential Care Facilities (ORCF) August 28, 2015

The August 28, 2015 LEAN Email Blast contains information on the final rule regarding fire safety equipment, the new delegated underwriter approval process, the Green Lane, and the mortgage termination process, among other...more

Massachusetts Proposes New Rules for Nursing Home Sales and Closures

Massachusetts regulators recently announced new rules that, if adopted, will change the requirements for nursing home sales and closures in the state. The proposed new rules require nursing home owners intending to sell a...more

BIG DEAL MONDAY: Summer Deals Heating Up the Market

Our friends at Senior Housing News (www.seniorhousingnews.com) have reported on a number of recent transactions that show the senior housing market continues to be hot, just like the summer weather here in Florida!...more

Tax Changes Made by Maine's 127th Legislature

The Maine Legislature ended its tumultuous session on July 16, 2015. After an advisory opinion by the Maine Supreme Court, we now know which bills actually became law. As usual, a number of significant tax issues were...more

Womble Carlyle Legislative Update - August 7, 2015

Angel and Laura worried all week about what we could tell you about in our weekly update, but then yesterday happened. Lo and behold this week has written itself. Silly us! New Senate Budget Strategy: truce, sort...more

New Law Establishes A Bill Of Rights For CCRC Residents And Streamlines Several Statutory Requirements For CCRCs

On June 23, 2015, Governor Malloy signed into law Public Act. No. 15-115, An Act Establishing a Bill of Rights for Residents of Continuing-Care Retirement Communities ("the Act"). The Act establishes several protections for...more

Buying and Selling Your HUD-Financed Long Term Care Project: Navigating the TPA Process

So you have refinanced your long term care facility with Federal Housing Authority (FHA)-insured financing – a nonrecourse, 30-year (or longer) loan at an amazingly low fixed interest rate. Yes, the process may have been...more

Summary of HUD's LEAN 232 Program E-mail Blast: Office of Residential Care Facilities (ORCF), June 24, 2015

The June 24, 2015 LEAN Email Blast contains information on the new protocol for release of R4R and NCRE, handling aged account receivables, clarification on UPL revenues, a 241(a) status update, a new IRR legal checklist and...more

Summary of HUD's LEAN 232 Program E-mail Blast: Office of Residential Care Facilities (ORCF), April 30, 2015

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim...more

Medicaid's Gift to Children Who Help Parents Postpone Nursing Home Care

In most states, transferring your house to your children (or someone else) may lead to a Medicaid penalty period, which would make you ineligible for Medicaid for a period of time. However, there are circumstances in which...more

Maryland Legislative Update

On April 13, 2015 after the release of the traditional sine die balloons and streamers, the first General Assembly of the newly elected Governor Lawrence J. Hogan, Jr. concluded with much success. With bills awaiting...more

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