News & Analysis as of

Assisted Living Facility

Alabama CON Report

I. Certificate of Need Program - A. AL2018-008, Eastchase Operations, LLC d/b/a The Crossings at Eastchase, Montgomery, AL: Proposes to construct and operate thirty-two (32) Specialty Care Assisted Living Facility...more

K&L Gates Triage: Ride Sharing and Health Care Regulatory Considerations

by K&L Gates LLP on

Transportation is often cited as one of the top barriers to health care for individuals in the United States. To reduce this burden and increase access to care, many health care providers are now partnering with ride-sharing...more

Fewer Home Care Providers, But More Assisted Living Programs: Long Term Care Reforms in 2018-19 New York State Budget

by Farrell Fritz, P.C. on

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

Senior Housing Transaction Volume Down in 2017 – What Does it Mean for 2018?

Senior Housing Business recently published an article noting that the volume of transactions in seniors housing in 2017 continues a downward trend from 2016 ($18.4 Billion in 2015; $14.6 billion in 2016 and $11.7 billion in...more

Florida Generator Rules Signed Into Law

by Holland & Knight LLP on

On Monday, March 26, 2018, Florida Gov. Rick Scott signed two bills into law that ratified the rules adopted by the Agency for Health Care Administration (AHCA) and the Department of Elder Affairs (DOEA). The rules require...more

Sweeping Legislative Change for Florida Health Care Facilities

by Holland & Knight LLP on

The Florida Legislature passed a bill that makes significant changes to numerous provisions related to the regulation of various health care facilities by the Agency for Health Care Administration (AHCA). The following is a...more

State Supreme Courts Falling In Line On Arbitration

Despite how often I talk about whack-a-mole and the tug-of-war between the state courts and SCOTUS on arbitration, the truth is that the majority of state supreme courts follow SCOTUS’s arbitration precedent (whether holding...more

Advance Refunding Bond Legislation of Interest to Non-Profit Hospitals and Senior Living Organizations

by Dorsey & Whitney LLP on

On February 13, in a matter of special note to non-profit hospitals and senior living organizations across the country, legislation was introduced in the United States House of Representatives that would restore tax exemption...more

GAO Report Calls for Increased CMS Oversight of Medicaid Services in Assisted Living Facilities

by Arnall Golden Gregory LLP on

The Government Accountability Office (GAO) recently released a report entitled “Medicaid Assisted Living Services: Improved Oversight of Beneficiary Health and Welfare is Needed.” The report, released on February 5, 2018,...more

Tax Reform Brings New Interest Expense Limitation

The Tax Cut and Jobs Act introduced a new rule limiting a businesses ability to deduct interest expense, which can have a significant impact in the senior living area as facilities often are acquired or built using debt....more

Scrutiny of Assisted Living Facilities

On February 4th, the New York Times had an article which should give the ALF industry pause. It reported that at the request of four senators, the Government Accountability Office commissioned a two-year investigation of...more

Growing Trends and Competition

In the Industry, it is good to keep up with growing trends and competition. In that regard, the Pioneer Valley Cohousing Community in Amherst, Massachusetts is an example. ...more

AHCA Sees the Light on Nursing Home Generator Rule, Unplugging Challenge

After Hurricane Irma made landfall in Florida, a nursing home in South Florida lost power, and several residents of that nursing home died allegedly as the result of increased temperatures caused by the loss of air...more

Dining for Dollars

In the past the dining room in any assisted living facility was considered comparable to a dispensary—a necessary service facility for the residents. Over time, some ALFs dressed them up with dress codes, decorations at...more

Arbitration and Eviction: A Recipe for Delay

Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant...more

Florida Agencies Reissue Emergency Generator Rules Pending Ratification of Permanent Rules by the Florida Legislature

by Holland & Knight LLP on

The Agency for Health Care Administration and the Department of Elder Affairs have reissued Emergency Rules 59AER17-1 "Nursing Home Emergency Power Plan" and 58AER17-1 "Procedures Regarding Emergency Environmental Control for...more

Update on Florida's Emergency Generator Rules

by Baker Ober Health Law on

On September 15, 2017, Florida Governor Rick Scott directed that by November 15, 2017, all nursing homes and assisted living facilities in the state were to install generators capable of powering air conditioning systems for...more

Demand for Employees Expected to Continue to Grow

It’s no secret that finding and keeping good employees is one of the keys to the success of any senior living facility. Owners and operators are having to become more and more creative in offering incentives and perks to...more

Don’t Despair! Senior Housing Services Demand Will Continue to Grow.

Although the competition between facilities for residents and employees creates a headwind for the industry, it is important not to lose sight of the simple fact that time and demographics are on the side of senior housing...more

DOJ Bows Out of ManorCare FCA Case

by Bass, Berry & Sims PLC on

After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare, the nation’s second-largest operator of skilled nursing homes and assisted...more

Florida Argentum Reports That Appeals Court Strikes Down Emergency Stay in Generator Case

Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more

Appeals Court Strikes Down Emergency Stay in Generator Case

Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

Privacy Tip #113 – Protect Seniors’ Personal Information

I just read an article about a nurse from Florida who was convicted of wire fraud, theft of government funds, possession of unauthorized access devices and aggravated identity theft....more

Senior Housing Transactions in 2017

by Williams Mullen on

Through the first three quarters of 2017, the market has continued to see steady deal flow in senior housing, with some sluggishness over the summer months. The dollar value of senior housing transactions for the first half...more

Positive Ruling On Generator Rules May Not Protect Owners In The Short Term

Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott’s emergency rule on generators and fuel, cautious senior living facility owners may still want to submit...more

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