News & Updates

Capozzi Adler, P.C. Welcomes NLRB Attorney Edward J. Bonett Jr., Esq.

Capozzi Adler, P.C. is pleased and honored to welcome longtime National Labor Relations Board (NLRB) Attorney Edward J. Bonett, Jr., to our Labor & Employment Practice Group.

Ed brings a wealth of labor law experience from his 20+ years at the NLRB.  Ed has extensive experience in handling unfair labor practice charges from both employer and union perspectives.  Ed has participated in numerous trials and investigations of healthcare providers, construction companies, and hospitality groups.  At Capozzi Adler, P.C., Ed will negotiate with unions, counsel employers on union avoidance, assist employers with avoiding unfair labor practices, and resolve issues with unions.

Ed has long demonstrated exceptional service and is well-respected by both sides of the labor bar for his fairness and practical approach. He is an exceptional trial lawyer, settlement facilitator, writer and speaker.

Ed is a graduate of Temple University Law School and earned a Master’s degree from Villanova University and a Bachelor’s degree from Drexel University. He is a member of the Justinian Society and the St. Thomas More Society and is dedicated to furthering the legal profession.

When not practicing law, Ed is a longtime youth baseball and basketball coach and community leader. He is a published author of three books: Bella Vista, Light Dawns Always, and Post-Ops: Inspiration for No Fear Living, all available on Amazon.

Edward J. Bonett, Jr., Esq. can be reached at or 717-350-4224.

Somatix Launches Next Generation Patient Monitoring Smartband

If you had an opportunity to attend our semi-annual Firm Seminar last August in Grantville, you had a chance to experience Dr. Charles Herman’s excellent presentation on the Somatix Remote Patient Monitoring (RPM) device and the robust Safebeing Artificial Intelligence platform that
monitors patient’s health, well-being and safety and uses proprietary technology to predict falls, urinary tract infections and risk of pressure ulcers. This technology is proven to not only improve patient outcomes, but also drive Medicare revenue growth through the use of the five authorized RPM
CPT codes.

This correspondence provides you with an exciting update to Dr. Herman’s presentation and an introduction to those who could not attend to the Somatix RPM system. Somatix has launched its next generation smartband. It adds Wi-Fi, heart rate and oxygen saturation to its already class-leading AI platform that can detect falls, hydration (and risk of dehydration), sleeping, activity, and risk for hospital admissions, infections, and pressure sores.

In a study conducted with the University of Pennsylvania, the Somatix system has demonstrated proven clinical results resulting in a 17% reduction in hospital readmission rates, almost 40% reduction in fall rates and urinary tract infections, and high rates of user adoption and user adherence. These clinical results translate directly into financial value as the improvements in quality of care and patient outcomes drive additional reimbursement, along with the reimbursable RPM/CPT codes for the equipment and services.

The next generation smartbands are close to being sold out through preorders, and we encourage you to reserve smartbands for your use as soon as possible by providing us or Somatix with the number of units you will need to serve your residents. The cost of each band is $125, which is paid when they are ordered. In addition, the $45/month monitoring fee for the platform is billed monthly and is not paid up front. According to current Medicare rates, you can collect up to approximately $160/month per resident for the remote monitoring CPT codes billed through your Medical Director. Implementing Somatix’s RPM Devices in your facility will result in a net increase in your Medicare reimbursement. Typically, Somatix charges an initial $15,000 set up cost per facility (which includes setting up your own website to view your patients, personalize your features, etc). Somatix has graciously agreed to waive this initial $15,000 set up cost for our clients.

Please contact us to discuss this opportunity or to place an order with Somatix for its next generation bands and launch. In order to take advantage of this opportunity, you will need to have a contract signed with Somatix, which we have already reviewed and approved. If you have questions regarding Somatix, would like to schedule a complementary presentation of Somatix, or would like to discuss this opportunity in person, feel free to contact Lou Capozzi at (717-979-7205 Mobile) or Dan Natirboff at (717-503-3083 Mobile).

Immediate Jeopardy Survey Citations for Failure to Meet COVID-19 Vaccination Requirements in CMS Interim Final Rule Have Begun

The Pennsylvania Department of Health has begun citing nursing homes for failure to comply with the CMS Interim Final Rule requirements relating to COVID-19 vaccination of staff and policies and procedures.  Immediate Jeopardy citations require notice to attending physicians and to the NHA Licensing Board.  If you have questions about compliance with the requirements, including policies to deal with unvaccinated employees and requests for exemptions, you may contact Daniel K. Natirboff, Esquire ( or Bruce G. Baron, Esquire ( at our Firm.

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 ( 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.

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
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. 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: