Perspectives on Long Term Care & Senior Living

Long Term Care and Senior Living Industry Practice Co-Leader Jo-Ann Marchica was quoted by McKnights Senior Living discussing the potential risks and rewards of incorporating artificial intelligence (AI) in the senior living industry.

On September 1, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule titled “Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting.”

Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and unknown legal risks.

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it at the time the fastest-growing consumer application in history.

While many had hoped that the senior housing rollercoaster would begin to level off in 2023, inflation and rising interest rates continue to create uncertainty for the year ahead. Nonetheless, industry members share one common belief: innovation will be key.

On February 15, 2023, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule which would require greater disclosures of the ownership and management of Medicare and Medicaid nursing homes.

The Metaverse stands to disrupt nearly every industry – fashion, media and entertainment, real estate, sports, the list goes on – presenting immense possibilities and potential risks. We have created the ArentFox Schiff Industry Guide to the Metaverse to answer questions and anticipate concerns.

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars to position themselves as market leaders. While it offers clear opportunities for businesses, the metaverse also presents unique legal challenges.

- CMS estimates its proposal will result in a decrease of $320 million in Medicare Part A payments to skilled nursing facilities.
- CMS is seeking stakeholder input on the effects of direct-care staffing requirements for long-term care facilities.

Download Our Summary of the Most Important Cases.

Inequality across the spectrum of human rights warrants fresh attention to the laws that serve to prohibit discrimination in housing policies and practices, and senior housing is no exception.

Updated Benefits for Senior Living Facility Owners and Operators

Health Care partner Anne Murphy will present during the 2020 American Health Law Association’s (AHLA) In-House Counsel Program.

Rachel Hold-Weiss will present during the 2020 American Health Law Association’s (AHLA) Annual Meeting. Rachel’s presentation “Hindsight is 2020: A Look at Home Health and Hospice in the New Decade,” focuses on compliance and regulatory issues for home health and hospice providers.

In response to public feedback to the initial terms of the Main Street Lending Program, the Federal Reserve Board announced on April 30, 2020, an expansion of the loan options available to businesses and an increase in the maximum size of businesses that are eligible to borrow under the Program.

Partner Anne Murphy authored an article for The Governance Institute titled “The Governing Board’s Role in Assessing Possible Hospital Closure or Downsizing.”

Healthcare partner Stephanie Trunk has been selected by JD Supra to receive a 2020 Readers’ Choice Award in the healthcare category.

Many senior living owners and operators have found that the Payroll Protection Program loan program either provides insufficient support to them or that they are ineligible for PPP loans.

Health Care Practice Group Co-Leader Douglas Grimm was recently quoted in an International Business Times article discussing the potential destabilization of the US healthcare system as a result of the COVID-19 pandemic.

The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation.

The 2018 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 18 of the firm’s practice areas were ranked among the best in the country, including new recognition for the firm’s Trademark Litigation and White Collar groups.

On June 24, 2016, the non-profit Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule with the U.S. Department of Health and Human Services (HHS).

In an important development, the Centers for Medicare and Medicaid Services (CMS) has issued additional final regulations implementing the Stark Law as part of the Physician Fee Schedule for calendar year 2016 (see 80 Fed. Reg. 70,886 (Nov. 16, 2015)).

Health care providers and their contractors have been put on notice by the Office for Civil Rights (OCR) that the next round of HIPAA compliance audits will begin in early 2016.  The previous round of HIPAA audits was completed in 2014.

David S. Greenberg co-authored an article published in Bloomberg BNA’s Medicare Report on the implications of the Centers for Medicare & Medicaid Services’ proposed revisions affecting long-term care facilities participating in Medicare and Medicaid programs.