The Quarterly
Capozzi Adler, P.C.
Attorneys at Law
www.capozziadler.com
Capozzi Adler, P.C. Attorneys at Law
ATTORNEY
GENERAL
UPDATE
PENNSYLVANIA ATTORNEY GENERAL FILES CONSUMER
PROTECTION COMPLAINT AGAINST GOLDEN LIVING
NURSING FACILITIES
Glenn A Parno, Esquire- glennp@capozziadler.com
On July 1, 2015, the Pennsylvania
Attorney General took the unprecedented
action of filing a Civil Complaint against
Golden Gate National Senior Care alleging
that 14 “Golden Living” nursing facilities
located throughout the state committed
violations of the Pennsylvania Unfair Trade
Practices and Consumer Protection Law.
Complaint also alleges breach of contract and
unjust enrichment claims against Golden Gate
and seeks an injunction prohibiting Golden
Gate from engaging in further deceptive and
unlawful conduct. Pursuant to the provisions of
the Consumer Protection Law, the Attorney
General is seeking penalties against Golden
Gate ranging from $1,000.00 to $3,000.00 per
violation. Additionally, the Consumer Protecly the most serious of abuses;” that it
tion Law allows for the Attorney General to
is “not targeted toward honest
recover treble (triple) damages and attorney’s
providers and suppliers t
fees against Golden Gate. In light of the
number of violations alleged in the Complaint,
the potential damages are staggering.
In September, the Attorney Generalamended the Complaint to add claims for
alleged violations at an additional 11 Golden
Living facilities based on over 350 consumer
Inside this issue
complaints received after the filing of the original
Complaint.
Interestingly, the case against Golden Gate
was developed with the help of the Cohen,
Milstein, Sellers & Toll law firm in Washington,
D.C. Apparently, the firm will be entitled to 21
percent of any monies recovered by the Commonwealth. The use of private counsel to assist
the Attorney General’s Office with a civil lawsuit
is not unique, but remains controversial. Obviously, there is a financial incentive for a law firm
to over reach with respect to identifying and
pursuing regulatory violations if it is entitled to a
portion of the fines. Although not a defense to
the current lawsuit, the financial interest of
Cohen, Milstein, Sellers & Toll in the ultimate
outcome of this matter is potentially a powerful
argument to sway a jury.
Criminal vs. Civil Liability
The charges against Golden Living were investigated and prosecuted by the Attorney General’s
Civil Division, specifically the Consumer Protection Section, rather than the Medicaid Fraud
Control Unit of the Criminal Division. This is
1
Same-Sex Marriage
& Property Law
4
Update on Staffing
Agency Employees
4
Your Resident’s
Legal Representative
5-6
surprising since much of the misconduct
alleged in the Complaint could have easily
formed the basis for criminal violations of
the Pennsylvania Crimes Code or Medicaid
Fraud and Abuse Act. For instance, the
Complaint alleges that Golden Living,
“engaged in a pervasive, chain-wide practice
of billing consumers and the Commonwealth for services not provided” and made
“deceptive, misleading, and unfair representations” regarding services available and
provided. These allegations could readily
provide a basis for charges of theft, theft by
deception, criminal conspiracy, and even
corrupt organizations (the state version of
the federal Racketeer Influenced and
Corrupt Organizations (RICO) Act). At
one point, the Complaint makes the
startling allegation that Golden Living
falsified resident records to cover up
omissions of care. This allegation could
easily form the basis for a criminal charge of
tampering with public records or unsworn
falsification to authorities. Additionally, the
allegations of omissions of care with respect
to nursing home residents could arguably
support a criminal charge of reckless
endangerment.
Nonetheless, the Attorney General
opted to pursue a civil action rather than a
criminal action against Golden Living. The
rationale for this decision could be based on
the fact that the Attorney General’s burden
of proof in a civil action (preponderance of
evidence) is much lower than the burden of
proof in a criminal action (beyond a
reasonable doubt). Additionally, monetary
damages are more readily available and
enhanced under the Consumer Protection
Law as opposed to the applicable state
criminal statutes. Interestingly, the Attorney General did not pursue this matter
pursuant to the civil provisions of the
Medicaid Fraud and Abuse Act, 62 P.S.
1407. Again, this decision was probably
based on the higher burden of proof of
intent which the Attorney General determined would be best to avoid.
It should also be noted that civil and
criminal actions are not mutually exclusive
and “parallel proceedings” could have been
pursued by the Attorney General. In
typically not candidates for legal
essence, the Attorney General could
representation by corporate
legally have brought both civil and
counsel and are rarely represented
criminal actions against Golden Living
by private counsel when speaking
for the same conduct at issue.
with government investigators.
Finally, nursing facilities are
Accordingly, the government has
subject to federal penalties for submitunfettered access to former
ting false claims for poor quality care
employees and carte blanch to ask
under the False Claims Act, 31 U.S.C.
any questions in whatever form it
“We
believe
that frequent
§§ 3729
- 3733.
That statute
provides claim denials
should
provider
that theredesires.
may beAlthough there is nothing
for payment
of aalert
civil the
penalty
of
that can be done to prevent former
an$5,500
issue and
with
its claim
submission and that
between
$11,000
for each
employees from providing inaccuremedial
action
may be required. We
do
false claim
knowingly
submitted.
rate information to government
not believe
that anbrought
interim
Accordingly,
the allegations
by notification
investigators, there are measures
from CMS
example,
the Attorney
General(for
against
Goldena “warning
that a facility can implement to
should
be patient
a prerequisite
for taking
Living letter”)
with respect
to poor
care
limit the usefulness of this
could arguably
be actionable
under the
action under
§ 424.535(a)(8)(ii).
information.
False Claims
Actifasthe
well.provider has questions
Further,
Although it doesn’t appear
regarding CMS’s billing and coding
that
investigators
interviewed
Sources of Information
requirements, it should review CMS’s
current Golden Living employees,
manuals,
educational
It appears
as though
the Attorneyarticles, and other
it is not unusual for such interdocuments
Webto be conducted during the
Generalinformational
relied upon several
different at CMS’sviews
site (www.cms.hhs.gov);
may
information
sources to conduct its the provider
course
of a civil or criminal
also contact
itsLiving’s
local MAC if it hasinvestigation. If a nursing facility
investigation
of Golden
additional questions.”
conduct:
is aware that a government
investigation is ongoing, steps
should be taken to (1) ensure that
current employees are represented
(1)
by counsel before they are interFormer Employees of the
viewed, and (2) ensure that the
Corporation—The Complaint
government entity conducting the
references 16 unidentified former
investigation receives written
employees of Golden Living’s
notice of said legal representation.
facilities and bases many of its
It is highly unlikely that a current
claims on information provided by
employee, even a low level staff
those individuals. Former employmember, will be interviewed
ees of an organization are often
without counsel present if the
valuable sources of information for
investigator knows the
government investigators. Of
employee has counsel.
special interest are employees who
separated service on less than
favorable terms. These individuals
(2)
are often anxious to provide
Family Members of Current and
incriminating information against
Former Residents – The Comtheir former employer. Unfortuplaint also cites three unnamed
nately, disgruntled employees often
relatives of Golden Living
embellish and sometimes manuresidents as having provided
facture information they perceive
information regarding poor
to be “helpful” to the government
quality of care at Golden Living’s
and detrimental to their previous
facilities. Family members of
employer. Former employees are
2
residents are a potential source of
valuable information for government
investigators as they often have
extensive first-hand knowledge of
the operations of a nursing facility.
Unfortunately, family members who
are dissatisfied with quality of care,
cost of care, staff members, or any
other care related issue, may be
inclined to embellish or manufacturer problems at the facility when
interviewed by investigators. It is
difficult to prevent family members
from providing damaging information during a government investigation. Again, there are measures that
a facility can implement to limit the
usefulness of this information.
(3)
Self-reported Information -- The
Complaint identifies self-reported
staffing levels as a source of information forming the basis for the
allegations against Golden Living.
Not surprisingly, information
voluntarily supplied by a nursing
facility to the state or federal
government is often utilized by
investigators as the basis for an
enforcement action. Consequently,
nursing facilities should ensure that
any information supplied to the
government is complete and
accurate, no matter how innocuous
that information may appear. It is
entirely possible that Golden Living
unwittingly under reported its
staffing levels to state and federal
authorities during annual licensure
surveys. However, attempting to
raise that argument as a defense at
trial is problematic. Consequently,
compliance measures, including
periodic internal audits, should be
implemented to ensure that any and
all information reported to the
government is complete, timely and
accurate. If an internal audit
identifies errors or omissions with
respect to self-reported data,
immediate remedial measures
should be taken.
(4)
Department of Health (DOH)
Survey Results – Deficiencies
identified by the DOH during
periodic surveys (inspections) of
Golden Living’s facilities appear
to have played a prominent role in
the Attorney General’s investigation and are cited repeatedly in the
Civil Complaint. This fact
underscores the need for a nursing
facility to pay careful attention to
survey results and challenge
findings that are inaccurate.
Although most survey deficiencies
are resolved with the payment of a
monetary penalty, these uncontested deficiencies become part of a
facility’s compliance history which
is readily available to both the
government and the general
public. Additionally, there is a
danger that uncontested deficiencies may be deemed “admitted” by
the facility for purposes of
subsequent legal actions. In the
case of Golden Living, it is
possible that many of the deficiencies cited by the Attorney General
could have been successfully
challenged. However, it could
prove difficult for Golden Living
to dispute the accuracy of these
deficiencies at trial since the
deficiencies were not disputed in
the first instance. If a facility is
not willing or able to challenge a
deficiency and chooses instead to
pay a monetary penalty, there are
strategies available to limit the
government’s ability to use the
deficiencies against the facility in a
subsequent, unrelated proceeding.
3
Conclusion
In light of the positive public reaction
to the Attorney General’s lawsuit
against Golden Living, as well as the
likelihood of a significant monetary
award, it is very likely that the Attorney General will continue to pursue
consumer protection and/or criminal
actions against nursing facilities in
Pennsylvania. Consequently, it is
imperative that facilities have compliance policies and strategies in place to
help them avoid government investigations in the first place, and to limit
their exposure with regard to government investigations that have already
been initiated.
Capozzi Adler, P.C. has a highly
qualified staff of attorneys experienced
with issues specific to nursing home
operations, as well as attorneys with
prior experience conducting government investigations, and will be happy
to review your facility’s current
compliance policies to assess the level
of protection afforded in the current
aggressive regulatory atmosphere.
-glennp@capozziadler.com
I NOW PRONOUNCE YOU TENANTS BY THE
ENTIRETIES: HOW SAME-SEX MARRIAGE IS
AFFECTING PROPERTY LAW.
Nicholas Luciano, Esquire
- nicholasl@capozziadler.com
Earlier this summer, the Supreme Court
paved the way for same-sex couples to
legally marry in all 50 states. This was
not only a watershed moment in civil
rights law, but property law as well.
Previously, same-sex couples that wanted
to purchase property together had the
choice of taking title either as tenants in
common, or as joint tenants with the
right of survivorship. While taking title
as joint tenants allows for the automatic
transfer of title in the event of the death
of one of the title holders, it is a lesser
“strength” title mechanism when
Revalidation of Medical
Assistance Provider
Enrollment.
The Department of Human
Services is reminding all Medical
Assistance provider types, including all associated service locations,
that the Affordable Care Act
(ACA) requires revalidation of
their enrollment every five years.
All providers (including all
associated service locations - 13
digits) who enrolled on or before
March 25, 2011, must revalidate
their enrollment information no
later than March 24, 2016, by
completing a new enrollment
application. Providers who
enrolled after March 25, 2011
(including Changes of Ownership
after March 25, 2011), will need to
revalidate their enrollment
information every five years and
should check their provider file for
their revalidation date.
compared to holding title as tenants by
the entireties—a designation reserved
strictly for married couples.
Tenants by the entireties hold an
undivided, 100% interest in the land,
which cannot be severed without both
title holders consenting. If one party
wants to sell, divest, or mortgage their
interest in land held as tenants by the
entireties, the spouse has to agree. The
main advantage of tenancy by the
entireties is the ability to shield the land
from creditors. If Debtor A is in debt to
Creditor X, Creditor X cannot get a
judgment levied against land owned by
Debtor A so long as Debtor A’s spouse is
also on the title. While there are exceptions, namely a tax debt to the IRS, this is
the general rule. This is not the case
with joint tenants with right of survivorship. A judgment against Debtor A,
is a lien against their share of any
property owned at the time of
judgment. This can have significant
ramifications for the other title holder.
Same-sex couples that decide to
get married have a choice to make.
They can keep title they currently own
together as joint tenants, or convert that
title into a tenancy by the entireties.
This is a relatively easy—and inexpensive—endeavor, as it simply requires the
filing of a new deed. It may be well
worth it to gain the protections afforded
by the stronger title designation.
- nicholasl@capozziadler.com.
NLRB RULES STAFFING AGENCY
EMPLOYEES ARE EMPLOYEES OF
Both the Agency and the Healthcare Organization Where They Work
Brandon Williams, Esquire – BrandonW@capozziadler.com
Recently the National Labor Relations
Board issued an opinion that will impact
the relationship between healthcare
organizations and staffing agency
employees.
In Sutter Tracy Community
Hospital, the Board ruled that staffing
agency employees are employed by both
the staffing agency and the healthcare
organization where they're working and
that both organizations should be
involved in collective bargaining with
the staffing agency employees. The Board
also indicated that the healthcare
organizations could be held liable for
unfair labor practices against staffing
agency employees.
The Board’s decision was issued on
4
August 28, 2015. As of the time this
article was written, it was unclear
whether the decision would be appealed.
For now, all employers using a staffing
agency should review their agreements
with the staffing agency with this new
ruling in mind. Although the Board’s
reach extends to both unionized and
nonunionized employees, if your staffing
agency employees are represented by a
Union, or if you have reason to believe
that staffing agency employees may
attempt to Unionize you need to pay
particular attention as this new rule
evolves. Contact Brandon Williams at
BrandonW@capozziadler.com or (717) 233
4101 with questions regarding this issue
or other employment related questions.
MANAGING AND COLLECTING YOUR ACCOUNTS
RECEIVABLE - Your Resident’s Legal Representative
Andrew R. Eisemann, Esquire -andrewe@capozziadler.com
This is the twelfth installment of our firm’s series known as
“Managing and Collecting your Accounts Receivable”. As you
are already aware, the financial survival of most nursing facilities
in Pennsylvania depend on how aggressively and effectively their
business office managers administer their accounts receivable.
This series is devoted solely to the design, management, and
improvement of your accounts receivable program and collections
efforts. Also, here we share with you tips, legal updates, personal
observations, and “lessons learned” to help you improve the
effectiveness of your Accounts Receivable Management Program.
(5) The Admission Director fails to identify a Legal
Representative or neglects to name the person on the first
page of the Admissions Agreement;
(6) The Admission Director neglects to have the Legal
Representative sign the last page of the Admission
Agreement, which is a legally enforceable contract;
(7) The Admission Director fails to adequately explain to
the Legal Representative his or her duties or
responsibilities, including assistance in the MA
application process. Or, worse, the Admission Director
directs the Legal Representative to not make any
payments or escrow the resident’s income while Medicaid
is pending;
I want to focus this installment on a critical player in your efforts
to watch your bottom line: the resident’s “Legal Representative”,
or, as some nursing facilities in Pennsylvania refer to this person,
the “Responsible Party” or “Designated Representative”.
Why do I want to devote this space to a discussion of the Legal
Representative? The weakest link in the admissions and account
management process that negatively impacts a nursing facility’s
bottom line is frequently the identification and preparation of a
resident’s Legal Representative.
(8) The Admission Director fails to adequately explain to
the Legal Representative that the Admission Agreement
is a legally enforceable and binding contract;
(9) The Admission Director or Business Office fails to
explain to the Legal Representative the benefits of
arranging direct deposit of the resident’s Social Security
income either as Representative Payee or through the
Resident Fund Management System. The same issue
applies to the resident’s pension income;
The reasons for this weak link include one or more
of the following:
(1) The Admission Agreement lacks a clear definition,
or any definition whatsoever, of a Legal Representative,
or it lacks a description of the duties and
responsibilities of the Legal Representative;
(10) The Business Office fails to mail a monthly bill to
the Legal Representative during the first several months
after the facility admits the resident as a matter of policy
while MA is pending; and,
(2) The Admission Agreement properly explains that a
Legal Representative will not be held personally liable
for the debt, but, it fails to disclose that a Legal
Representative can potentially be held financially liable
in the amount that he or she fails to transfer from the
resident’s income or assets despite having access to the
resident’s resources;
(11) Finally, the Business Office simply allows the Legal
Representative to avoid payment or not cooperate for too
long. In other words, the Legal Representative is taking
advantage of a disorganized Business Office or its passive
attempts at collection.
When the weak link breaks . . .. I am certain that you
(3) The Admission Director identifies the resident on
the first page of the Admission Agreement as the Legal
Representative, although a member of the resident’s
family or a friend signs the signature line on the last
page of the Admission Agreement;
have experienced one or more of the following situations as a
result of the weaknesses above:
(1) The family spends the resident’s money on
non-allowable expenses although the relative or resident
ttruly believes that these expenditures were justified;
(4) The signature line of the Admission Agreement for
the Legal Representative does not identify the
signatory as the resident’s Legal Representative;
(2) A relative intentionally or fraudulently diverts the
5
Why do you need to take a look at the Legal Representative clauses of your Admission Agreement?
resident’s funds for personal consumption or investments;
(3) The Legal Representative fails to fully cooperate in
the Medicaid application process, including the transfer
of financial documents or information; or,
Although Pennsylvania court case law regarding the legal
financial liability of a Legal Representative is scarce, the Allegheny County Court of Common Pleas recently addressed this issue
in Five Star Quality Care, Inc d/b/a Overlook Green v. Joyce and
Charles Yablonski. The opinion of this Court will have a strong
persuasive effect on other county courts throughout Pennsylvania. In summary, the Court disallowed the nursing facility’s
claim against a resident’s “Responsible Party” because the
Admission Agreement did not “clearly and unambiguously”
define the term “Responsible Party” or obligate the Responsible
Party to guarantee payment. In fact, the Court expressly
preferred the term “Legal Representative”, rather than “Responsible Party”, because the usage of “Legal Representative” is more
widely accepted and defined in state statutes.
(4) Although the CAO directs the Legal Representative
to “spend down” the resident’s funds to qualify for
Medicaid, he or she refuses, even if the amount is
nominal. As a result of this last scenario, you’re
attempting to collect against a private pay resident with
insignificant financial resources.
What law allows you to contract with a resident’s
family member or friend to act as the Legal
Representative?
Because it is the nursing facility or its management company
that drafts the Admission Agreement, the burden is on the
nursing facility to ensure the requirements and obligations of a
Legal Representative are “clear and unambiguous.” Otherwise,
the nursing facility’s attempts to collect a debt against a Legal
Representative in a court may be weakened or unsuccessful.
The term, “Legal Representative,” is generally accepted under the
law. The Nursing Home Reform Act of 1987 permits the
nursing facility to contract with a person who has access to the
resident’s income and resources to transfer payments from the
resident’s income and resources. 42 U.S.C. §1396r(c)(5)(B)(ii).
If you would like more information on how your Admission
Agreement can be used or modified to protect your facility’s
bottom line, including an analysis and revision of the contract
terms related to the Legal Representative, you may contact
Andrew R. Eisemann at our Firm at andrewe@capozziadler.com
Furthermore, the Pennsylvania Administrative Code permits a
resident to name a Legal Representative. 28 Pa. Code
§201.24(a). This section of the Code defines the Legal
Representative as someone who can make decisions on behalf of
the resident, but it does not obligate a Legal Representative to
make payments. In addition, this section prevents a nursing
facility from naming an employee as a resident’s Legal
Representative, unless a court appoints the employee as the
resident’s guardian.
Accordingly, an Admission Agreement must be clear as to the
definition, duties, and responsibilities of a Legal Representative
to be legally enforceable. If the Admission Agreement is clear,
the Legal Representative can be held legally liable for his or her
failure to perform his duty to remit payment form the resident’s
funds. Of course, the Legal Representative may also be held
liable personally if he diverts the resident’s funds for
non-allowable purposes, which requires a court order.
Andrew Eisemann Presenting at our Semi-Annual
Seminar in Pittsburgh, PA.
Is a Legal Representative a Guarantor?
No. As most of you are aware, Medicaid law expressly restricts a
nursing facility that is eligible for Medicaid or Medicare
reimbursement from requiring a third party guarantee of
payment to the facility as a condition of admission or continued
stay. A Guarantor is someone who is personally liable for a debt
from his or her own assets. An example of a Guarantor is the
father who co-signs a car loan for his daughter. The law does not
prohibit a third person voluntarily guarantee payment to the
nursing facility. I continue to see, however, the term Guarantor
in admission agreements, admission fact sheets, or account
invoices even though the admission agreement does not clearly
obligate a third party as a guarantor.
Bruce Baron Presenting at our Semi-Annual Seminar in
Pittsburgh, PA.
6
6th Annual Summer Party!
Pig Roast for Annual
Summer Party
Glenn Parno
Presenting at our
Semi-Annual
Seminar in
Pittsburgh, PA
Celebrating Capozzi Adler’s 18th Anniversary
The Drifters Performing at the 6th Annual Summer Party
Lou Capozzi Presenting at
our Semi-Annual Seminar in
Pittsburgh, PA.
Capozzi Adler Employees
enjoy the Summer Party
Dan Natiboff Presenting at our
Semi-Annual Seminar in Pittsburgh, PA.
7
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P.O. Box 5866
Harrisburg, PA 17110
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Capozzi Adler, P.C. Attorneys at Law
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Capozzi Adler, P.C. Attorneys at Law
RECENT AND
UPCOMING EVENTS
Jul.
10
Jul.
15
Capozzi Adler, P.C. held its 6th Annual File Burning and Pool
Party, with performances by “The Drifters,” a Fireworks Show
by Fireworks Extravaganza of Erie, and a special fundraiser for
the United Leukodystrophy Foundation, Inc. and the Boiling
Springs Band Association (South Middleton School District),
at the Historic Woodburn Farm in Carlisle.
Daniel K. Natirboff, Esq., presented a Webinar in cooperation
with LeadingAge PA on “Buying, Selling, Transferring, and
Renovating Skilled Nursing Beds in Pennsylvania.”
Aug.
Andrew R. Eisemann, Esq. presented a Webinar in cooperation
with LeadingAge PA on “Taking Control of Your Resident
Accounts Receivable: Prevention and Reaction to Problem
Accounts.”
6
Glenn A. Parno, Esq. presented a Continuing Legal Education
program at the Delaware County Bar Association in Media, on
“Environmental Enforcement: Defending Criminal and Civil
Enforcement Actions.”
Aug.
Glenn A. Parno, Esq. presented a Continuing Legal Education
program at the Dauphin County Bar Association in Harrisburg,
on “Environmental Enforcement: Defending Criminal and Civil
Enforcement Actions.”
Oct.
Capozzi Adler, P.C. Semi-Annual Continuing Education
Seminar – “Current Issues in 2015 for Nursing Facilities in
Pennsylvania” – at the John Henry Room, Hollywood Casino,
in Grantville. Admission is free along with 7 continuing
education credits for NHA’s, lawyers, and CPA’s. For a brochure
and registration information, email Gabriella Marchi at our
Firm: GabriellaM@CapozziAdler.com.
Nov.
Bruce G. Baron, Esq. is scheduled to present a full-day seminar
as part of Penn State Greater Allegheny’s licensing program for
nursing home administrators on “The Government’s Role in
Health Care Policy, Regulation and Reimbursement” at the
campus in McKeesport.
Nov.
Andrew R. Eisemann, Esq. will be partnering with Liberty
Lutheran Services to present for LeadingAge PA’s Financial
Seminar at Masonic Village, Elizabethtown.
11
24
16
Andrew R. Eisemann, Esq. presented a seminar on legal and
business issues facing Long Term Care Facilities for Saber
Healthcare Group in Scranton, Pennsylvania.
Jul.
16
Aug.
5
19
Enclosed is Our Semi-Annual Free Seminar Flyer
CAPOZZI ADLER, P.C.
Attorneys at Law
Presents its Semi-Annual Continuing Education Seminar
CURRENT LEGAL ISSUES AFFECTING PENNSYLVANIA NURSING FACILITIES
Friday, October 16, 2015 (8:30 a.m. – 5:00 p.m.)
Hollywood Casino at Penn National Race Course (John Henry Room)
777 Hollywood Blvd, Grantville, PA 17028
Approved for 7 professional education credit hours for NHAs, Attorneys, and Accountants at no cost to you

8:00 a.m. – 8:30 a.m. - Registration

8:30 a.m. – 8:40 a.m.
Lobby in front of The Hall of Champions
Administrative Remarks
Welcome & Opening Comments:

Andrew R. Eisemann, Esq.
Louis J. Capozzi, Jr., Esq.
8:40 – 8:50
UPDATE FROM THE LITIGATION DEPARTMENT

Donald R. Reavey, Esq.
8:50 a.m. – 9:50 a.m.
Brandon S. Williams, Esq.
LIFE CYCLE AND COSTS OF EMPLOYEE DISCRIMINATION CLAIMS

9:50 a.m. – 10:50 a.m.
Louis J. Capozzi, Jr., Esq.
NLRB & UNION ACTIVITY UPDATE, including NEW NLRB ELECTION RULES

10:50 a.m. – 11:00 a.m. – Mid-Morning Break

11:00 a.m. – 12:30 p.m.
TAKING CONTROL OF YOUR PHARMACY COSTS: Same Pills; Smaller Bills
TAKING CONTROL OF YOUR RESIDENT ACCOUNTS RECEIVABLE:
Maximize your Reimbursement from Private and Medicaid Residents

12:30 p.m. – 1:20 p.m. --- LUNCH BUFFET (provided)

1:20 p.m. – 1:50 p.m.
UPDATE FROM FINANCING AND REAL ESTATE DEPARTMENT
BUILDING A PATH TO RETIREMENT

Saul Greenberger, LNHA
Andrew R. Eisemann, Esq.
John Gentile, Esq.
Craig I. Adler, Esq.
Nicholas J. Luciano, Esq.
Questmont, Strategic Wealth Advisor
1:50 p.m. – 3:20 p.m.
MEDICAID RATES AND SETTLEMENT ISSUES UPDATE
Timothy T. Ziegler, Senior Reimbursement Analyst
UPDATE ON MEDICIAD LITIGATION AND
Daniel K. Natirboff, Esq.
BUYING, SELLING, FINANCING, AND RENOVATING NURSING HOME BEDS
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3:20 p.m. – 3:30p.m. – Mid-Afternoon Break
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3:30 p.m. – 4:30p.m.
Bruce G. Baron, Esq.
COMPLIANCE ISSUES: PROVIDER ENROLLMENT REVALIDATION; PROPOSED NEW CONDITIONS OF
PARTICIPATION IN MEDICAID/MEDICARE; NURSING HOME COMPLIANCE LITIGATION UPDATE
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4:30 p.m. – 5:00 p.m.
Glenn A. Parno, Esq.
ATTORNEY GENERAL CONSUMER PROTECTION ACTIONS AGAINST NURSING FACILITIES
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5:00 p.m. – 6:00 p.m.
INFORMAL SOCIAL AND NETWORKING
REGISTRATION INFORMATION
Credits: This program has been 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; has been submitted for approval by PACLE for 7 participant hours and 7
substantive credit hours of CLE for attorneys; and is approved by the Pennsylvania State Board of Accountancy (No. PX177781) for continuing
education credits for CPAs.
Certificates of Attendance will be provided to Seminar participants. 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.
Cost. None.
Limited Supply of Special Hotel Rates Available at the Hampton Inn Harrisburg/Grantville/Hershey (717-469-7689). The cutoff date for the
special rate is Thursday, October 1st.
Directions to the JOHN HENRY ROOM (SEMINAR ROOM): Parking Garage, Casino Entrance Closest to the Race
Track: Park on any level of the Parking Garage. Take the elevator to Level F (Boxed Seats/Banquets) Make a Left off of the elevator
down the ramp. You will enter the third floor of the Casino. Walk past the first Mutual Window and you will see the entrance to the
elevator and stairs on your left. Take the elevator to the fourth floor and follow the hallway to the banquet rooms.
Registration Deadline: Submit the Registration information below no later than Monday, October 5, 2015 to:
Gabriella Marchi, Capozzi Adler, P.C., P.O. BOX 5866, Harrisburg, PA 17110; or, by email to:
GabriellaM@CapozziAdler.com; or, by FAX to: (717) 233-4103:
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NAME:
POSITION:
EMPLOYER:
ADDRESS:
TELEPHONE NUMBER:
EMAIL (for confirmation of your registration only):
NHA LICENSE NO. & STATE (if appl.): PA ATTORNEY I.D. NO. (if appl.):