Legal Issues

By Michael Okaty and Mark Scimeca, Foley & Lardner The private equity investment landscape for seniors housing has, like so many things this year, been profoundly disrupted by the ongoing COVID-19 pandemic. From 2016 through the third quarter of 2019, private buyers, including private equity, have consistently provided the greatest investment in the seniors housing industry, outpacing public, institutional and cross-border investment and averaging $1.5 billion per quarter. The outlook early this year was bright for private equity investment generally. With investors seeking higher returns, private equity funds going into …

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BOSTON — 2Life Communities, a Boston-based developer, owner and operator, has named Jeff Sacks as the company’s chairman of the board. He replaces Donna Kalikow, who will continue to serve on the board. Sacks, a partner with Nixon Peabody, is a community development attorney who represents for-profit and nonprofit developers of affordable and seniors housing. Through his work with public housing authorities, he has helped to transform outdated public housing projects in the state into vital communities that continue to serve their low-income residents. Sacks served as a commissioner of …

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WASHINGTON, D.C. — The U.S. Department of Health and Human Services (HHS) and Department of Defense (DoD) have announced agreements CVS and Walgreens to provide and administer COVID-19 vaccines in long-term care facilities nationwide with no out-of-pocket costs once the vaccines are available. The free vaccines will be available to both staff and residents at skilled nursing facilities, nursing homes, assisted living facilities, residential care homes and adult family homes. “Today’s historic pharmacy partnership will truly help jurisdictions solve a logistical hurdle and decrease the burden of distributing, administering and …

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The COVID-19 pandemic has been an existential crisis for the seniors housing industry, where the people most susceptible to the disease are the same who live in the communities. But many still believe in long-term viability and success of the sector. That was the message of panelists in a discussion titled “Four Weeks Out from the General Election: A Policy Discussion” held at the 2020 NIC Fall Conference. Being held virtually this year due to the pandemic, the event is still going on this week. Panelists included moderator Soledad O’Brien, …

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WASHINGTON, D.C. — The Department of Health and Human Services (HHS) will begin accepting applications on Monday for a Phase III distribution of the Provider Relief Fund (PRF). The new round of coronavirus pandemic relief totals $20 billion, and assisted living is included in the list of eligible providers. HHS is providing the opportunity for providers that have already received funding to apply for additional funding based on financial losses and changes in operating expenses as a result of COVID-19. Also, providers that were previously ineligible, such as those that …

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WASHINGTON, D.C. — The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) has warned Congress that if the federal government doesn’t pass another COVID-19 funding package, public health agencies and healthcare providers could find themselves less than completely prepared heading into the cold and flu season, as well as underfunded to handle another major spike in COVID-19 cases. The Washington, D.C.-based organization represents more than 14,000 nursing homes and assisted living communities across the country that provide care to approximately 5 million people each year. About 70 …

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ALEXANDRIA, Va. — Argentum has hired Maggie Elehwany for the newly created role of senior vice president of public affairs. In this role, she will be responsible for leading Argentum’s public policy team and working with Argentum’s Public Policy Committee to build upon the Alexandria-based association’s government relations efforts and strengthening its public affairs strategy. “We believe her leadership and expertise will be vital in elevating awareness of the public policy priorities most critical to the senior living industry’s long-term health,” says James Balda, Argentum president and CEO. Elehwany joins …

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WASHINGTON, D.C. — The U.S. Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), has announced that assisted living facilities may now apply for funding under the Provider Relief Fund Phase II. The move comes after months of lobbying by seniors housing industry associations amid the COVID-19 pandemic. Previously, while skilled nursing facilities received millions of dollars in governmental support, assisted living communities were left out of much of the funding. “Argentum, along with our trade association partners, have been advocating on behalf of …

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WASHINGTON, D.C. — The American Seniors Housing Association (ASHA) has confirmed that assisted living operators are due to receive funds from the United States Department of Health and Human Services (HHS) Provider Relief Fund. The D.C.-based organization, along with other advocates for the seniors housing industry, have been lobbying and petitioning for months to make sure private-pay seniors housing would receive federal stimulus dollars in response to the COVID-19 pandemic. “This morning we received the most definitive news to date about an allocation of funds from the HHS Provider Relief …

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Legal protections are complicated in the world of COVID-19. By Matt Keenan and Jenn Hatcher, Shook, Hardy & Bacon The owners and operators of long-term care facilities know better than almost everyone does how the destructive evil known as COVID-19 has changed lives in every shape, manner and form. It has also dramatically altered the most basic standards that have governed the long-term care (LTC) industry for years. And yet, today there remains enormous uncertainty about where the science and medicine will take us. With so much ambiguity at play, …

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