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. …
Legal Issues
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 …
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 …
Survey Shows 96 Percent of Residents Agree with Social Distancing, Visitation Restrictions
by Jeff Shaw
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 …
Argentum, LeadingAge Say Seniors Housing is Underserved Following White House ‘Protecting America’s Seniors’ COVID-19 Presentation
by Jeff Shaw
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 …
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, …
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 …
WESTLAKE VILLAGE, Calif. — LTC Properties Inc. (NYSE: LTC), a Westlake Village-based REIT that invests in seniors housing and healthcare properties, has completed the sale of its entire portfolio of Preferred Care-operated properties. Preferred Care declared bankruptcy in 2017 amid a slew of personal injury lawsuits against the operator. The combined net proceeds for the portfolio, including one property sold in 2019 and 21 properties sold in the first quarter of 2020, were $77.9 million, resulting in a total estimated gain on sale of $44 million. The 21 properties sold …
Senior Living Receives Healthcare Exemptions from Department of Labor for Coronavirus Response
by Jeff Shaw
WASHINGTON, D.C. — The Department of Labor (DOL) issued guidance on Saturday March 28, on key provisions of the Families First Coronavirus Response Act (FFCRA). Of critical importance members is the definition of “healthcare provider” as it related to an employer’s ability to be exempt from the requirements of the act, according to the American Seniors Housing Association (ASHA). Under FFCRA, an employer with fewer than 500 employees must offer 10 days of paid sick leave and up to 12 days of paid emergency family and medical leave under certain …
As senior living providers pursue partnerships in the healthcare industry, here are five critical points to keep foremost in mind. By Jane Adler With owners and operators of senior living properties serving an increasingly frail population of elders, Medicare Advantage programs are emerging to improve care, boost resident and family satisfaction, and increase length of stay. The use of Medicare Advantage programs in senior living is still in its infancy. The programs are complex and there is still much to be learned. But several experiments and pilot projects are already …