Capozzi Adler, P.C. wins former owners of HMAC nearly $5 million award in defamation lawsuit

Capozzi Adler, P.C., and Lisa Basial, Esquire represented Bartlett, Traynor & London, LLC, and John Traynor in a defamation lawsuit against YC News, Shawn Cooper, Nikolaos Hatziefstathiou and Travis Wilbur. The Court awarded 4.7 million in damages, including $275,000 in damages to John Traynor personally. The award is one of the largest awards ever seen in a defamation case in Dauphin County, PA.

Lisa W. Basial, Esquire stated, “We are very satisfied with the damages award from the Court. This is an important case in which these defendants were held to account for their knowingly false online and social media postings that destroyed a thriving business and the reputation of its hard-working and upstanding owner. In particular, the award of a total of $275,000 to John Traynor for personal reputational damages was justified based on the false and scandalous materials posted online by these defendants.”

Media coverage of this precedent-setting case:

Provider Relief Funds (PRF) General & Targeted Distributions Updated Reporting Requirements

On June 11th , HHS released updated guidance on reporting requirements applicable to funds received under the CARES Act, the Paycheck Protection Program (PPP), the Health Care Enhancement Act and the Coronavirus Response and Relief Supplemental Appropriations Act. Click HERE to view the HHS summary of the requirements and click HERE to view detail of the June 11, 2021 guidelines.

Deadlines for use of funds follows. Please note that the is based on the time the payment was received either by direct deposit or the cashing of a check.

PERIOD                 PAYMENT RECEIVED PERIOD       DEADLINE TO USE FUNDS

Period 1                April 10 to June 30, 2020               June 30, 2021

Period 2                July 1 to December 31, 2020        December 31, 2021

Period 3                January 1 to June 30, 2021            June 30, 2022

Period 4                July 1 to December 31, 2021        December 31, 2022

Reporting requirement for payments received exceeding $10,000 in the aggregate are as follows:

PERIOD                 PAYMENT RECEIVED PERIOD       REPORTING TIME PERIOD

Period 1                April 10 to June 30, 2020               July 1 to September 30, 2021

Period 2                July 1 to December 31, 2020        January 1 to March 31, 2022

Period 3                January 1 to June 30, 2021            July 1 to September 30, 2022

Period 4                July 1 to December 31, 2021        January 1 to March 31, 2023

The HHS provide a portal at https://prfreporting.hrsa.gov/s/ to register for reporting which is the same as provided back on January 15, 2021. If you have not already done so you should immediately enter that portal, register for reporting and familiarize yourself with the site. Those of you with June 30 year ends should be most sensitive to this as it will be in your interest to file early in the 7-9/21 reporting period to avoid the busy closing, cost reporting, etc., later in that quarter.

Covid related revenues and lost revenues are again defined in the detailed June 11th Notice from HHS. Those of you who have completed the Act 24 reporting required by the Commonwealth of PA should have a good idea of the elements which will be required HHS.

If you have questions, you can contact Timothy Ziegler at timz@capozziadler.com or 717-233-4101.

Free Seminar- 7 hrs NHA, CLE & CPA Credit: “Current Issues Affecting PA Nursing Facilites.” Friday, August 20th at the Holiday Inn in Grantville, PA

“Current Issues Affecting Pennsylvania Nursing Facilities”

Friday, August 20, 2021 from 8:15 a.m. – 5:00 p.m.
Holiday Inn Grantville (Majestic Ballrooms II & III), 604 Station Rd, Grantville, PA 17028

*Approved for 7 CEU credit hours for NHAs, CPAs, and Attorneys*

AGENDA:
7:45 a.m. – 8:15 a.m.     
In-Person Registration                                                                             

8:15 a.m. – 8:25 a.m.     Welcome & Administrative Remarks                                                                        
Andrew R. Eisemann, Esq.                                                                                                                                                                                                

Part I:  Labor & Employment (1.5 Credit Hrs.)                                                                                                                    

  • 8:25 a.m. – 9:10 a.m.     Employment Law Update                                                                                                                                                       
    Brandon S. Williams, Esq.
  • 9:10 a.m. – 9:55 a.m.   NLRB & Union Activity Update                                                                                                                       
    Louis J. Capozzi, Jr., Esq.                                                                                            

9:55 a.m. – 10:10 a.m. – Mid-Morning Break

Part II:  Reimbursement & Finance (2 Credit Hrs.)

  • 10:10 a.m. – 11:40 a.m.     Your Resident Accounts Receivable:  Best Practices to Maximize Reimbursement Recovery                          
    Andrew R. Eisemann, Esq.
    Daniel B. Sullivan, Esq.                                 
  • 11:40 a.m. – 12:10 p.m.    Medicaid Managed Care Contracting & Reimbursement Update
    Daniel K. Natirboff , Esq.            
    Timothy Ziegler                                                                                                                                  

12:10 p.m. – 1:00 p.m. —  Lunch Break

Part III:  Avoiding Lawsuits & Compliance/ Regulatory Updates (2 Credit Hrs.)

  • 1:00 p.m. – 1:45 p.m.    Panel: Avoiding Lawsuits in a COVID-19 Environment                                                                                                 
    Andrew R. Eisemann, Esq.
    Bruce G. Baron, Esq.       
    Brandon S. Williams, Esq.
  • 1:45 p.m. – 2:30 p.m.   Compliance Update                                                                                                                                              
    Bruce G. Baron, Esq.     
  • 2:30 p.m. – 3:00 p.m.    Regulatory Update:  Changes of Ownership & CCRCs 
    Daniel K. Natirboff, Esq.                                                           

3:00 p.m. – 3:15 p.m. – Afternoon Break (Bar Opens)

Part IV:  Criminal Investigations, Remote Patient Monitoring & Employee Misconduct (1.5 Credit Hrs.)

  • 3:15 p.m. – 4:00 p.m.      Criminal/ OAG Investigations of Nursing Homes: Best Practices  
    Chris Carusone, Esq.
    Daniel K. Natirboff, Esq.    
  • 4:00 p.m. – 4:30 p.m.    Incorporating New AI into Remote Patient Monitoring to Improve Patient Outcomes & Drive Revenue Growth
    Charles K. Herman, M.D., M.B.A., CEO, Somatix, Inc.
  • 4:30 p.m. – 5:00 p.m.    Ethical Issues Related to Employee Misconduct in Nursing Facilities
    Bruce G. Baron, Esq. 

5:00 p.m. –  Informal Social          

The Registration Deadline is August 13, 2021!  To Register: 
RSVP to Cassie Reed at cassier@capozziadler.com or 717-233-4101. Provide your name, company, and job title.
If you need NHA credit, please provide your NAB ID #. IF you need CPA & CLE credit, please provide your license number. 

Cost.  None. 

Credits:  This program is approved by the National Continuing Education Review Service (NCERS) of the National Association of Boards of Examiners for Nursing Home Administrators for 7 clock hours (Program Approval Code: 20220819-7-A76618-IN); is pending approval by PACLE for 7 substantive participant hours of CLE for attorneys (Course No. TBD) and is approved by the Pennsylvania State Board of Accountancy (No. PX177781) for continuing education credits for CPAs.

In-person participants must sign in and out in order to obtain Continuing Education Credits for Program Hours actually attended.  Attorneys seeking PA CLE Credits must file Certificates of Attendance and pay the required fee directly to PACLE in order to obtain CLE credits. 

Objectives:  As a result of this presentation the participant will be able to…

  • Understand labor law developments, including medical marijuana in PA, which may require an update of employee manuals.
  • Evaluate the impact of recent NLRB decisions on facility workplace organization status.
  • Implement best practice to maximize accounts receivable recovery.
  • Understand how to maximize reimbursement from all payer sources in PA’s Managed Care system.
  • Identify strategies to avoid lawsuits in long-term care.
  • Assess the impact of new developments in health care law and regulations on facility status and resources.
  • Recognize regulatory changes that impact skilled nursing facilities.
  • Prepare for an OAG/ criminal investigation into a nursing home.
  • Identify how AI and remote patient monitoring can improve patient outcomes and lead to growth in revenue.
  • Recognize ethical considerations when investigating employee misconduct in nursing facilities.

Prerequisites:  Prior knowledge in the area of long-term care.

Experience level:   Intermediate

Required advanced preparation:   None

Teaching methods:

  • Facilitated Lecture/Content Review
  • Interactive Panel Discussions
  • Case Study Discussions

PA Office Of Attorney General Investigation Results in Reckless Endangerment Plea for Poor Staffing by Nursing Home Administrator

Attorney General Shapiro Warns of More Investigations and Prosecutions to Come

On June 2, 2021, Attorney General Josh Shapiro announced the conclusion of a joint criminal investigation into a Darby skilled nursing facility, resulting in a former corporate executive’s plea of nolo contendere to the charge of reckless endangerment of three nursing home residents, as a result of what was alleged to be chronic understaffing.  The incidents that resulted in criminal charges occurred pre-pandemic in 2017.  However, when questioned, AG Shapiro indicated that there are ongoing criminal investigations into inadequate nursing home care during the COVID-19 pandemic and declined to comment further because of the ongoing nature of those investigations. 

AG Shapiro indicated that nursing home management and staff will be held to the same standard of care and legal obligations during the pandemic.  In a cautionary tale for providers, the AG laid out a grim set of facts that elevated nursing home neglect to the level of a criminal charge, even though the nursing home’s staffing levels never dropped below 2.7 PPD.  The charges had their origin in an area hospital reporting numerous readmissions of residents in poor condition, family complaints, staff reports and complaints of chronic understaffing resulting in poor outcomes, a poor survey history and an apparently poor compliance plan and oversight.  In his presentation, AG Shapiro focused on allegations that the facility made large profits during the period of the negligent staffing yet made the choice not to increase staffing.    

Shapiro went on to discuss that there are several criminal investigations ongoing into nursing homes during the time of COVID and the OAG will be making the announcements that can be made regarding those investigations “relatively shortly.”  AG Shapiro emphasized that the regulatory burdens on nursing homes to adequately staff that exist remain “pre-COVID, post-COVID and during COVID.”  The AG announced that the case is novel in that a corporate executive is being held accountable rather than a front-line worker, however, in a warning to executives and nursing home administrators in particular, AG Shapiro announced that executives will be held accountable for reckless endangerment rising to the level of criminality.   In addition to the criminal penalties in the form of imprisonment and restitution imposed, the AG announced fines and civil penalties imposed on the nursing facility. 

If you have questions or concerns regarding OAG investigations, executive criminal liability for understaffing, and compliance steps you can take proactively to avoid liability, please contact Daniel Natirboff, Esq. (dann@capozziadler.com) or Bruce Baron, Esq. (bruceb@capozziadler.com) via email or by phone at 717-233-4101.  

Daniel Natirboff, Esq., will present “Criminal/ OAG Investigations of Nursing Homes: Best Practices” at our upcoming full-day “Current Issues Affecting Pennsylvania Nursing Facilities” seminar that will take place on Friday, August 20th at the Holiday Inn in Grantville. More details on the seminar will be posted on our website and distributed via email within the next week. 

Capozzi Adler to hold Annual Summer Fundraising Event for Wounded Warriors of PA

On Friday, July 9, 2021, beginning at 4pm, Capozzi Adler, P.C. will hold its annual summer charity event at the Capozzi Barn. The event will feature hors d’oeuvres, dinner, desserts, adult beverages, a fireworks show, and music by the Marshall Tucker Band, known for hit songs “Can’t You See,” “Heard it in a Love Song,” and “Fire on The Mountain.” All proceeds from this event will benefit Pennsylvania Wounded Warriors, Inc., a 501(c)3 non-profit organization that provides financial support to veterans across Pennsylvania. For more information on this event, contact Cassie Reed at cassier@capozziadler.com or 717-233-4101.

Bruce Baron, Esq. to speak on PCH/ ALR and Privacy Issues at “Facing Forward Webinar”

On Wednesday, May 26th from 1pm – 2:15pm, Bruce Baron will present “PCH/ALR and Privacy Issues Update” at the “Facing Forward” webinar, hosted by Daneen Reese and Associates. Mr. Baron will discuss privacy issues for PCH/ AL providers, highlight best practices for preventing lawsuits, and he will provide a compliance/ regulatory update. Time for Q&A will be available at the end of the presentation.

Capozzi Adler, P.C.’s New Florida Title Company “Straight Line Title Services, LLC” Completes First Transaction

Capozzi Adler, P.C.’s recently formed Florida title company, Straight Line Title Services, LLC, just issued title insurance in its first transaction. The $3.9 million dollar transaction involved the purchase of the buildings at 3472 Northeast Fifth Avenue and 519 Northeast 34th Street in Oakland Park, Florida. The buildings were purchased by a new investment and development firm, Newrock Partners, managed by Oakland Park developer Dan Deitchman and former Link Real Estate executive Koby Assaraf. More information on the transaction can be found HERE.

Capozzi Adler, P.C. is excited about its expansion into Florida and looks forward to working on future real estate transactions in the Sunshine State.

Capozzi Adler, P.C. Completed 626 Closings & Issued over 350 Million in Title Insurance in 2020

Capozzi Adler, P.C. is proud to announce that it completed 626 closings and issued over $350,000,000 in title insurance in 2020, across its 4 title companies: Mid-Penn Abstract Company, Foundation Settlement Company, Team Pete Settlement Services, and Charter Settlement Company. Record low interest rates and a strong real estate market made 2020 a record year for our firm. We thank our clients for a successful year and look forward to growing our Real Estate Practice Group further in 2021.

“Current Issues Affecting PA Nursing Facilities” Seminar – 5 NHA and CPA Credits

Friday, December 11, 2020
8:15 a.m. – 2:30 p.m.
*Approved for 5 Virtual or in-person CEU credit hours for NHAs, CPAs*

CLICK HERE to view a printable, PDF flyer.

Agenda:

  • 7:45 a.m. – 8:15 a.m.     In-Person Registration                                                                             
  • 8:15 a.m. – 8:25 a.m.     Welcome & Administrative Remarks                                                                        
    Andrew R. Eisemann, Esq.                                                                                                                                                                                                

 Part I:  Labor & Employment  (1.5 Credit Hrs)                                                                                                                     

  • 8:25 a.m. – 9:10 a.m.       NLRB & Union Activity Update                                                                                                                
    Louis J. Capozzi Jr., Esq.
  • 9:10 a.m. – 9:55 a.m.       COVID-19 Employment Law Update                                                                                                              
    Brandon S. Williams, Esq.
    Corey S. Smith, Esq.   
  • 9:55 a.m. – 10:10 a.m. Mid-Morning Break

Part II:  Reimbursement & Finance (2 Credit Hrs)

  • 10:10 a.m. – 11:40 a.m.    Your Resident Accounts Receivable:  Best Practices to Maximize Reimbursement Recovery                   
    Andrew R. Eisemann, Esq.
    Daniel B. Sullivan, Esq.                                 
  • 11:40 a.m. – 12:10 p.m.   COVID-19 Relief Funds: Reporting, Compliance and Accountability 
    Daniel K. Natirboff , Esq.            
    Timothy Ziegler                                                                                                                                  
  • 12:10 p.m. – 1:00 p.m. —  Lunch Break

Part III:  Avoiding Lawsuits & Compliance/ Regulatory Update (1.5 Credit Hrs)

  • 1:00 p.m. – 1:45 p.m.        Panel:  Avoiding Lawsuits in a COVID-19 Environment                                                                                           
    Andrew R. Eisemann, Esq.
    Bruce G. Baron, Esq.
    Brandon S. Williams, Esq.
  • 1:45 p.m. – 2:30 p.m.        COVID-19 Compliance & Regulatory Update                                                                                                                           
    Bruce G. Baron, Esq.                                                                                       
    Daniel K. Natirboff, Esq.     
  • 2:30 p.m. – In-Person Social

Registration Information:

In-Person:  Radisson Hotel Harrisburg, 1150 Camp Hill Bypass, Camp Hill, PA 17011

Virtual: Zoom sign-in information provided upon RSVP.

The Registration Deadline is November 27, 2020! To Register:  RSVP to Cassie Reed at cassier@capozziadler.com or 717-233-4101. Provide your name, company, and job title. If you need NHA credit, please provide your NAB ID #. IF you need CPA credit, please provide your license number.  Please note whether you are planning on attending virtually or in-person!

Cost.  None. 

Credits

This program is approved by the National Continuing Education Review Service (NCERS) of the National Association of Boards of Examiners for Nursing Home Administrators for 5 clock hours (Program Approval Code: 20211210-5-A71585-DL); is pending approval by PACLE for 5 substantive participant hours of CLE for attorneys (Course No. TBD; In-person attendance required!);  and is approved by the Pennsylvania State Board of Accountancy (No. PX177781) for continuing education credits for CPAs.

In-person participants must sign in and out in order to obtain Continuing Education Credits for Program Hours actually attended.  Attorneys seeking PA CLE Credits must file Certificates of Attendance and pay the required fee directly to PACLE in order to obtain CLE credits. 

Objectives:  As a result of this presentation the participant will be able to…

  • Identify strategies to avoid lawsuits in long-term care.
  • Assess the impact of new COVID-19 developments in health care law and regulations on facility status and resources.
  • Evaluate the impact of recent NLRB decisions on facility workplace organization status.
  • Understand labor law developments, including medical marijuana in PA, which may require an update of employee manuals.
  • Understand how to maximize reimbursement from all payer sources in the new Managed Care system.

Prerequisites:  Prior knowledge in the area of long-term care.

Experience level:   Intermediate

Required advanced preparation:   None

Teaching methods:

  • Facilitated Lecture/Content Review
  • Interactive Panel Discussions
  • Case Study Discussions

OLTL ACT 24 Cost Reporting Update for Nursing Facilities

Below is updated guidance from the Pennsylvania Department of Health Regarding Cost Reporting. If you have questions on how this impacts your nursing facility, please contact Dan Natirboff (dann@capozziadler.com) or Tim Ziegler (timz@capozziadler.com) at our firm.

“The Office of Long-Term Living (OLTL) is delaying the due date by which nursing facilities must submit interim reports on COVID-19 impacts and the use of Act 24 funding. The new due date for interim reporting is Monday, November 30.

Unexpected delays in web portal user provisioning for OLTL providers have made it necessary to delay the due date for interim reporting by nursing facilities. OLTL anticipates nursing facilities will be able to access the Act 24 reporting web portal during the week of November 9. Nursing facilities will receive a link and instructions via email when the web portal is available.

OLTL will also offer a webinar on November 16 to give nursing facility providers a chance to ask questions about reporting COVID-19 related costs under Act 24.  OLTL will provide a link and additional details on the webinar in coming days.

In the meantime, nursing facilities should begin populating the applicable Excel reporting templates provided in the October 27 Listserv message (attached). Nursing facilities are encouraged to review the frequently asked questions documents and send any remaining questions about Act 24 reporting to act24reporting@pa.gov.

Additionally, providers are advised to review the guidance for eligible COVID-19 costs on the U.S. Department of Treasury websites Coronavirus-Relief-Fund-Guidance and Coronavirus-Relief-Fund-Frequently-Asked-Questions, and in DHS’s Frequently Asked Questions. These documents outline the conditions and acceptable uses of Cares Act and Act 24 funding. Importantly, deadline by which costs must be incurred to be eligible under Act 24 is November 30, 2020.

Any provider that does not expect to use all or part of the Act 24 funding may return the funds to OLTL at:
PA Department of Human Services
Office of Long-Term Living
PO Box 8025
Harrisburg, PA 17105-8025

Please send any remaining questions about OLTL Act 24 reporting to act24reporting@pa.gov.”