New England Alliance of ACHCA 2012 Winter Conference

Foley Partner Lawrence Vernaglia, Chair of the firm’s Health Care Industry Team, and Of Counsel Donald Romano, member of the firm’s Health Care Industry Team and former division director at the Centers for Medicare & Medicaid Services, will speak on the topic of “Defending against CMS Terminations and CMP actions.” Their presentation will orient nursing facility administrators to the regulatory issues associated with severe CMS sanctions, discuss strategies the defense and government use in these critical cases, and observe a former government lawyer and a nursing home defense attorney debate key issues.

Foley Partner David Bannard, member of the Health Care Industry Team and Finance & Financial Institutions Practice, will speak on the topic of “Update on LTC Financing Transactions.” His presentation will expose participants to the latest developments in long term care facility financing transactions. Particular attention will be paid to expansion plans and how to finance them.

Foley Partner Lisa Noller, member of the firm’s Litigation Department and the Health Care Industry Team, will speak on the topic of “Living with the Responsible Corporate Officer Doctrine and the Potential for Agency Exclusion.” Her presentation will provide a short primer on the origin of the Responsible Corporate Officer doctrine and mandatory and permissive exclusions by government agencies. She will also identify recent instances of exclusion based on the doctrine and statutes, and teach providers how to respond when the government seeks exclusion against responsible managers, owners, officers and directors.

Foley Of Counsel Mark Neuberger, member of the firm’s Labor & Employment Practice and the Health Care and Senior Living Industry Teams, will speak on the topic of “Unions, Inflatable Rats and the Obama Board; Everything an Administrator Need to Know About Labor Relations But Was Afraid to Ask.” His presentation will describe a very significant pending case, Kindred Specialty Health Care, concerning appropriate bargaining units in a nursing home. He will explain how this case may make it easier to organize a union by allowing unions to carve out the certified nursing assistants, where previously unions had to include other professionals (such as licensed practical nurses) in an “appropriate bargaining” unit.

Foley Senior Counsel Nathaniel Lacktman, member of the Health Care and Senior Living Industry Teams, will speak on the topic of “Compliance Programs, Overpayments and Health Reform in Long-Term Care.” His presentation will highlight the upcoming mandatory requirement for all Medicare or Medicaid nursing facilities to implement an effective fraud and abuse compliance program. He will also explain the new “60 Day Rule” that requires all Medicare and Medicaid participating facilities to self-report and refund all overpayments within 60 days of the overpayment being identified. The presentation will educate administrators and operators of long term care and nursing facilities on best practices to prepare for the upcoming mandatory compliance plan requirement as well as to understand and comply with the 60 Day Rule.

ACHCA is the professional society for nearly 4,500 long term care administrators, offering excellent educational programming, career development opportunities, and certification in several long term care specialties. The 2012 Midwinter Legal Update and Symposium is designed to provide long term care facility administrator, owners, directors of nursing and other officers with a summary of the key legal issues.

Click here to learn more and register for the conference.