In Empower Simcoe v. JL, 2022 ONSC 5371, the operator of a publicly funded residential facility for children and adults with intellectual disabilities (Operator) sought judicial review of the Human Rights Tribunal of...more
The New York State Office of Medicaid Inspector General (OMIG) published proposed regulations in the July 13, 2022 issue of the New York State Register. The proposed regulations would repeal the current Part 521 - Provider...more
Another day, another decision by the California Court of Appeal making it more difficult for residential care facilities for the elderly (“RCFEs”) to enforce their arbitration agreements. Upon admission to virtually any...more
Youth Receiving Residential and Inpatient Behavioral Health Care Are at Increased Risk of Homelessness - The Issue - Youth with behavioral health needs, particularly those receiving residential and inpatient treatment,...more
Recent decisions by the California Court of Appeal have heaped stress on the owners/operators of residential care facilities for the elderly (“RCFEs”). RCFEs, like other businesses, would prefer to avoid the court system...more
In response to the chronic and acute shortage of approved residential placements for Illinois students with special needs, ISBE announced on Monday two steps to provide some, limited relief....more
In each edition, Manatt will feature “deep dive” topics that share new cross-cutting benchmarking program developments as states seek to evolve and advance their cost growth benchmarking programs to meet new regulatory and...more
New York State has issued an emergency regulation mandating COVID-19 vaccination of personnel in hospitals, nursing homes, diagnostic and treatment centers (D&TCs), adult care facilities (ACFs), licensed home care services...more
In an attempt to stem the rising tide of COVID-19 cases involving the highly contagious Delta variant, Lieutenant Governor Susan Bysiewicz, issued Executive Order (EO) No. 13B over this past weekend requiring the vaccinations...more
On July 7, 2021 Connecticut Governor Ned Lamont signed into law Public Act 21-135 (the “Act”). The Act, among other things, makes a revision to the Department of Developmental Services (DDS) statutes allowing DDS regional or...more
On June 23, 2021, Connecticut Governor Ned Lamont signed into law Public Act 21-2 “An Act Concerning Provisions Related To Revenue And Other Items To Implement The State Budget For The Biennium Ending June 30, 2023” (PA...more
With Devereux Under Investigation, Sexual Abuse Victims Still Have Time to Seek Justice - When allegations came to light in August 2020 that dozens of children had been physically and sexually abused by employees of...more
Superintendent Bennett Walsh and former medical director David Clinton of Holyoke Soldiers’ Home in Massachusetts were indicted Sept. 24, 2020, for criminal charges concerning a coronavirus outbreak at the Home that led to...more
During this turbulent period, now is the time to evaluate your facility's admission procedures and paperwork, especially your arbitration agreement. You want to make sure that in the event of litigation they will withstand...more
Amid pandemic-fueled allegations of misconduct, New Jersey Attorney General Gurbir S. Grewal on May 5 asked for the public’s help with investigating alleged misconduct in residential care facilities and nursing homes during...more
Many of our clients provide critical home and residential support services to children, individuals with intellectual and physical disabilities, and the elderly. We understand there is widespread concern regarding how...more
On July 18, 2019, Governor Mike DeWine signed Ohio’s general operating budget for state fiscal years 2020-21. Provisions within this bill make a number of substantive changes to the Certificate of Need (CON) laws. Most of...more
Senior living providers long have considered the bond market to be a primary vehicle for financing. However, not all transactions are a good fit for tax-exempt bonds. State law issuer considerations, transaction and borrower...more
In its April 26, 2019 Opinion in the matter of Melmark, Inc. v. Schutt, et al., the Pennsylvania Supreme Court held that Pennsylvania’s filial support statute applies to a support claim by a Pennsylvania healthcare provider...more
A special provision of the Fair Labor Standards Act allows hospitals and other health care institutions to average employee hours over a 14-day period instead of the usual single workweek overtime basis. Last week, the...more
More people each year are turning to specialist retirement homes. Typically, a resident will purchase a long lease for a capital sum but these long leases can also require the owner to pay “event fees” when certain events...more
On 16 September 2018, Prime Minister Scott Morrison announced a Royal Commission into the Aged Care Sector to examine the quality of care provided to both senior Australians and young Australians with disabilities in...more
While much of the public attention this year on healthcare budget negotiations in New York State was drawn to the pharmaceutical and managed cre sectors, the Enacted Budget for 2018-19 also includes some very significant...more
Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more
Robin Hutcheson v. Eskaton FountainWood Lodge, et al., 2017 WL 5712590 holds that a resident at a residential care facility for the elderly which provides care beyond that of personal care cannot be bound by an arbitration...more