Legal Issues

WASHINGTON, D.C. — The American Health Care Association (AHCA) and National Center for Assisted Living (NCAL) have issued a letter to the National Governors Association asking for stronger state support regarding lab processing and personal protective equipment in long-term care. “With the major spikes of COVID cases in many states across the country, we are very concerned this trend will lead to a dramatic increase in cases in long term facilities,” states the letter. “Recent independent research by Harvard Medical School, Brown University’s School of Public Health and University of …

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ATLANTA — Georgia Governor Brian Kemp has signed House Bill 987, adjusting the state laws for assisted living and personal care home residents amid the COVID-19 pandemic. Republican state representatives Sharon Cooper and Brian Strickland co-sponsored the bill. Under the new laws, seniors housing communities will be required to pass a slew of state certification and licensing requirements. The bill defines personal care homes as any community that provides housing, food service and personal services such as medication administration or assistance with activities of daily living. Assisted living and large …

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KNOXVILLE, Tenn. — Propel Insurance, a leading retail insurance agency and a portfolio company of Flexpoint Ford, has acquired HealthCare Services (HCS), a boutique risk management and insurance consulting firm based in Knoxville. HCS specializes in serving senior care organizations. The combined agency expects to generate more than $120 million of annual revenue in 2020 and will have seven offices across the country. The acquisition will expand Propel’s existing senior living practice, as well as the Charlotte, North Carolina-based company’s geographic spread. Ed Sims and Taylor Preston, senior partners at …

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Pandemic creates numerous legal issues for seniors housing operators. (Editor’s note: This column was written by law specialists at Hanson Bridgett. Because of the wide variety of challenges, the law firm asked each subject matter expert to write about his or her area of expertise.) The COVID-19 pandemic has struck our industry hard, requiring us to reexamine all our practices. There are myriad long-term implications that will change seniors housing. Safety Protocols: Senior living offers a spectrum of services — independent living, assisted living, memory care, skilled nursing and CCRCs. …

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COLUMBUS, Ohio — Ohio Gov. Mike DeWine has formed several Congregate Care Unified Response Teams, with the goal of testing residents and staff members at skilled nursing facilities in the state. “Nursing facilities have been aggressive regarding testing and managing COVID-19 outbreaks on their own, but this effort will provide them with additional resources,” says DeWine. “As we continue to ramp up our testing in Ohio, we must deploy our resources in a way that will save the most lives.” The response team will include medically trained members of the …

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WASHINGTON, D.C. — Testing all residents and staff and skilled nursing facilities nationwide just once would cost $440 million, according to data compiled by the American Health Care Association (AHCA), based in Washington, D.C. The organization notes that at that rate, the CDC’s recommendation of weekly testing would cost skilled nursing operators over $1 billion per month. The AHCA describes the costs as “unsustainable” without additional funding from federal and state governments, especially since it doesn’t account for other types of senior care. “For months now, we have been advocating …

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DALLAS — A vast majority of residents in seniors housing communities — 96 percent of them — approve of the current visitation restrictions and social distancing rules to combat the COVID-19 pandemic, according to a survey by Dallas-based operator Buckner Retirement Services. The survey gathered 140 responses from residents across six different Buckner communities in Texas in early May. More than 75 percent of seniors surveyed listed family visits as something they miss most. Other top activities missed within the communities include going to church (56 percent) and group dining …

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WASHINGTON, D.C. — President Donald Trump held a one-hour conference on Thursday, April 30, at the White House entitled “Protecting America’s Seniors” in which he touted the government’s response to the COVID-19 outbreak, specifically as it applies to residents of skilled nursing facilities. “As we honor the incredible contributions of our nation’s seniors, we are here today to discuss the unprecedented steps we that we’re taking to protect them from the virus,” said Trump. “I’ll also announce vital new actions to safeguard our nursing homes and most vulnerable citizens as …

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WASHINGTON, D.C. — Argentum, a D.C.-based organization representing seniors housing operators, has weighed in on the $484 billion aid package passed on Friday. The bill provides further relief for Americans and businesses suffering from the economic impact of the COVID-19 pandemic. “We are pleased to see the additional funding in the interim aid package, which included an additional $75 billion for the Public Health and Social Services Emergency Fund (PHSSEF) and an additional $25 billion to the Department of Health and Human Services (HHS) for COVID-related expenses,” says James Balda, …

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WASHINGTON, D.C. — Although a new federal law enacts a moratorium on some multifamily evictions during the COVID-19 pandemic, it is unlikely that this will apply to seniors housing communities, according to a note that the American Seniors Housing Association (ASHA) sent to its members on Tuesday, April 21. The Washington, D.C.-based organization’s legal counsel, Paul Gordon of law firm Hanson Bridgett, wrote the letter. “Section 4024 of the CARES Act, the comprehensive federal law responding to the COVID-19 pandemic, provides for a temporary moratorium on eviction filings for certain …

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