Legal Issues

NEWARK, N.J. — Watermark Retirement Communities, an Arizona-based operator, has agreed to pay $4.3 million to resolve allegations that it violated the False Claims Act by soliciting and receiving a kickback from a nationwide home health agency (HHA) operator in order to facilitate referrals from Watermark retirement homes. Assistant U.S. Attorney Jordann Conaboy of the U.S. Attorney’s Office for the District of New Jersey led the investigation, as well as trial attorneys Daniel Meyler and Samson Asiyanbi of the Fraud Section. The United States alleged that the HHA operator purchased …

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DES MOINES, Iowa — LCS, the nation’s third-largest senior living operator, has announced the promotion of Bridgette Uhlemann to senior vice president and general counsel at the Des Moines-based company. Uhlemann joined LCS in 2015 as a corporate governance manager. Since then, she has assumed responsibility and oversight for LCS legal affairs, including corporate governance, contract law, public policy, and corporate and regulatory compliance.  Uhlemann directs the overall delivery of legal and compliance services to the organization, including in-house attorneys, compliance analysts and outside legal counsel. Her leadership was instrumental …

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By Dan Lindberg, founder and principal, Applied Economic Insight Labor shortages took center stage for business leaders and economists across many sectors of the economy during the Great Resignation toward the end of the COVID-19 pandemic.  Such shortages, however, are nothing new for seniors housing and care providers. While required staffing ratios and regulations add to this, at heart seniors housing is an operationally intensive business. It takes people to serve people.  That said, labor is a two-sided coin. On the first side, we have staffing levels measured in terms …

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CHICAGO — Hinshaw & Culbertson LLP, a Chicago-based law firm with offices around the world, has neamed Adam Guetzow as co-practice group leader of the firm’s national healthcare practice. Guetzow will serve alongside current interim practice group leader Stephen Moore. As part of his new role, Guetzow will lead the firm’s strategic expansion of its current healthcare practice, including an emphasis on aging services and long-term care capabilities. Hinshaw’s aging services practice has grown exponentially in the past few years in response to industry expansion and a growing need for …

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NEW ORLEANS — Although the proposed Safeguarding Elderly Needs for Infrastructure and Occupational Resources (SENIOR) Act never was passed by the federal government in 2022, the fight isn’t over. The goal of that act is to establish a $100 billion fund that builds upon critical infrastructure demands for infection prevention and control; invests in broadband and telehealth capabilities; creates a sustainability fund to ensure seniors’ long-term care needs are exceeded; and invests in workforce training and development. Argentum, an association for professionally managed senior living communities, hopes to bring back …

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BOSTON — Beacon Communities, a developer in the affordable, market-rate and mixed-income property space, including seniors housing, has hired Justin Babineaux as associate general counsel of property management. Most recently, Babineaux served as staff attorney at Columbia Residential, where he managed and oversaw legal matters relating to fair housing and regulatory compliance. In his new role, Babineaux will serve as primary legal support for the property management team in all legal aspects of the ownership and management of affordable and mixed-income housing communities. Reporting to Beacon’s general counsel, he will …

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CRYSTAL RIVER, Fla. — Health Services Management, a Crystal River-based skilled nursing and long-term care operator, has promoted Anita Mamone to chief legal and governance officer. Mamone will be responsible for the legal affairs of the entire corporation, including internal management of all litigation matters and outside counsel. She will also collaborate with senior management regarding compliance and strategic initiatives, while providing legal counsel to the board of directors, chairman of the board, CEO and other senior management. Mamone received a bachelor’s degree in criminology, criminal justice and corrections from …

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By Sunny Thompson and Aliya Astaphan, Snell & Wilmer Senior living providers throughout the country are facing an emerging litigation threat — tester lawsuits brought by fair housing organizations claiming a lack of access to seniors housing facilities for deaf individuals who require American Sign Language (ASL) to communicate. These lawsuits are the product of undercover campaigns by fair housing organizations throughout the United States. “Testers” posing as potential residents or family members of a prospective resident visit or call seniors housing facilities to determine whether they are willing to …

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ALEXANDRIA, Va. — Argentum, an Alexandria-based association for professionally managed senior living communities, has unveiled new coalition letters to Capitol Hill with solutions to stem the workforce shortage crisis in senior care. These letters, in coordination with the American Senior Housing Association (ASHA) and LeadingAge, call on Congressional leadership and the House 21st Century Long-Term Care Caucus to build and train the workforce needed now and into the future to care for the nation’s rapidly aging population. “The lead up to the midterm elections is the ideal time to bring …

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  On Sept. 8, Seniors Housing Business hosted a panel discussion called “Modernizing Seniors Housing Care — Simplifying Workflows for Caregivers through Technology” where four seniors housing industry experts spoke about streamlining and improving resident care. Tech innovations were the focus of the webinar. What tools and data help most when it comes to senior care? Listen to hear in-depth discussions on the topics and more: The latest trends in technology-enabled senior care How technology can help simplify workflows and increase productivity The importance of machine learning to drive more proactive …

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