Perspectives on Long Term Care & Senior Living

In November, we wrote about Massachusetts legislative and regulatory updates that impact both nursing homes and assisted living residences.

How Massachusetts senior living providers need to be thinking about the recently enacted Long Term Care Reform Law and a recent Centers for Medicare & Medicaid Services audit of nursing homes.

Although a senior living property manager is not the party on the hook for the loan, it is important that they review and negotiate certain provisions in the owner’s loan documents that affect their rights and obligations in connection with the loan.

Recent events have caused hospitals and health systems nationwide to contemplate more robust participation in the long term care (LTC) sector, whether through modified ownership, joint venturing, clinical affiliation, or third-party management.

Senator Doug Jones and Gene Magidenko will present at the FBA’s Corporate and Association Counsel Division webinar on May 16, 2024.

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants likely will face throughout the rest of 2024 and beyond.

On March 5, the Federal Trade Commission (FTC), the US Department of Justice (DOJ) Antitrust Division, and the US Department of Health and Human Services (HHS) launched a cross-government inquiry into the role private equity firms, other alternative asset managers, health systems, and private payers play in health care transactions.

Could 2024 bring renewed growth for the skilled nursing and senior housing market or will proposed regulatory changes and the lingering effects of COVID-19 stymie hopes for a potential rebound?

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.