News & Updates

CMS COVID-19 Vaccine Mandate Interim Final Rule

CMS’ recent November 5, 2021 COVID-19 Vaccine Mandate Interim Final Rule (86 FR 61555) presents a number of challenges for nursing homes and other providers in the Medicare and Medicaid Programs: developing the required policies, contingency plans and forms for mandated COVID-19 staff vaccinations and staff requests for exemptions; providing training for HR staff and others to be involved in processing and determining exemption requests; and, then putting all that into ongoing action to meet compliance requirements.  

State Survey Agency Staff are already advising provider staff to consult with counsel to get reach for all this, even while several States are asking Courts to stop CMS from implementing the new condition of participation rules prior to the Phase 1 December 6, 2021 effective date.

Capozzi Adler, P.C.’s attorneys have been assisting our health care clients in Pennsylvania and New Jersey with compliance, labor and employment, and training needs since 1997 and are available to assist your facility with preparations for the possible implementation of the CMS Interim Final Rule.  Contact Daniel K. Natirboff, Esquire at our Firm (dann@capozziadler.com or 717-233-4101) to discuss your facility’s needs.  

Louis J. Capozzi, Jr., Esq. named a Life Fellow of the American Bar Foundation

On June 1, 2021, Louis J. Capozzi, Jr. was named a Life Fellow of the American Bar Association. For nearly 70 years, the American Bar Foundation has set the standard for groundbreaking, interdisciplinary and empirical research at the intersection of law and society. Mr. Capozzi’s support helps enable the American Bar Foundation to continue this valuable work that advances justice and the understanding of law and its impact on society.

“Take Control of Your AR: Maximize Your Reimbursement” Free Workshop for 4 NHA & CPA Credits

Thursday, November. 11, 2021 from 7:45 a.m. – 12:40 p.m.

Location:
Sheraton Erie Bayfront (Harlequin Ballroom)
55 W. Bay Road, Erie, PA 16507

The financial survival of your nursing facility depends on how aggressively and effectively you manage and control your resident accounts receivable. This half-day, free panel presentation for 4 credits provides powerful tools and methods to take control of your admissions process and your Accounts Receivable and maximize your reimbursement from your various payer sources. This panel presentation and workshop is designed for NHAs, Executive Directors, BOMs, CFOs, Admission Directors, and Billing Supervisors.

Agenda/ Topics Covered:

  • 7:45 a.m. – 8:15 a.m.        Registration, Continental Breakfast available
  • 8:15 a.m. – 8:25 a.m.        Administrative Remarks: Welcome & Introductions 
  • 8:25 a.m. – 10:25 a.m.      Take Control of Your Accounts Receivable: Prevention and Reaction                                                                                       
  • 10:25 a.m. – 10:40 a.m.    – Break –
  • 10:40 a.m. – 11:10 a.m.    Your Lawsuit Options:  Filing in Small Claims Court
  • 11:10 a.m. – 11:40 a.m.    Arbitration Agreements and Guardianships
  • 11:40 a.m. – 12:10 p.m.    Reimbursement Update
  • 12:10 p.m. – 12:40 p.m.   Regulatory Update

Our Panel of Experts:
Andrew E. Eisemann, Esq.
Daniel K. Natirboff, Esq.

The Registration Deadline is November 4, 2021! To Register:
Email, fax, or mail your name, employer & position, and NAB ID# or CPA License # to Cassandra Reed
CassieR@CapozziAdler.com
Tel:  717-233-4101;    Fax: 717-233-4103
2933 N. Front Street, Harrisburg, PA 17110

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 4 clock hours (Approval Code: 20221028-4-A79268-IN). The program is approved by the Pennsylvania State Board of Accountancy (No. PX177781) for 4 continuing education credit hours for CPAs. Participants must sign in and out in order to obtain Continuing Education Credits for Program Hours attended.

“Take Control of Your Accounts Receivable” Objectives:
As a result of this presentation the participant will be able to…

  • Identify strategies to maximize reimbursement from all payer sources.
  • Understand how to file small complaints.
  • Assess scenarios in which a court-appointed Guardian may be necessary.
  • Assess the impact of new developments in Medicare and Medicaid regulations on facility status and resources.

Capozzi Adler, P.C. Welcomes Associate Attorney Keith Kendall, Esq.

Please join us in warmly welcoming Keith E. Kendall, Esquire to Capozzi Adler, P.C.

Keith Kendall has practiced in the Greater Harrisburg, PA area for over 30 years. After receiving his undergraduate degree in psychology from The Ohio State University in 1980, he went on to earn his Juris Doctorate, with Distinction, from the Pettit School of Law at Ohio Northern University, in 1984. After 5 years of working in Lewistown, PA, Keith migrated to Harrisburg, where among other positions he worked with the Chief Counsel’s Office of the PA State Police.

Since then, Keith has focused his practice on employment and labor law and headed his own employment law firm for 17 years, before moving to Scaringi Law, where he practiced in several different areas, with an emphasis in employment law.

Keith is a member of the Pennsylvania Bar and Ohio Bar and is admitted to practice before the bars of the Middle and Eastern District of Pennsylvania; the Third Circuit Court of Appeals; and the Federal Circuit Court of Appeals. He is a member of the Federal Bar Association, the Pennsylvania Bar Association, Dauphin County Bar Association and the Cumberland County Bar Association.

Keith’s practice areas at Capozzi Adler, P.C. include:

  • Employment Law – employer/employee handbooks and employment contracts, employment disputes, discrimination defense
  • Family Law – divorce, custody, PFAs and support
  • Administrative Law – professional licensing disputes, state administration appeals and governmental disputes
  • Criminal Defense – DUIs, misdemeanors, felonies and traffic offenses
  • Federal Employee Rights – employment disputes and disciplinary actions taken against employees

To schedule a free legal consultation with Keith, you may contact him at:
keithk@capozziadler.com
Tel: 717-233-4101 Fax: 717-233-4103
Address:  2933 N. Front Street, Harrisburg, PA 17110

About Capozzi Adler, P.C.:
Founded in 1997, Capozzi Adler, P.C. serves the legal needs of healthcare and senior living providers that participate in the Medicaid and Medicare programs. Capozzi Adler, P.C.’s services include: regulatory compliance & licensure, collections and Medicaid eligibility, CCRC licensure, admission agreements, guardianships, nursing facility sales & acquisitions, real estate & property law, employment law & labor law, civil & commercial litigation, criminal defense, ERISA litigation and Medicaid/ Medicare reimbursement appeals. Capozzi Adler also provides an array of legal services to non-healthcare providers in a number of states. With an already impressive track record of expansion and growth, we look forward to providing the same quality service to our clients as we have done for over two decades. For more information on our firm, please visit www.capozziadler.com.

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.