On July 26, 2021, the Department of Justice (DOJ) and Department of Health and Human Services (DHS) issued guidance defining “long COVID” and listing the condition as a disability under the Americans with Disabilities Act (ADA) Section 504 of the Rehabilitation Act (Section 504) and Section 1557 of the Affordable Care Act (Section 1557). The...
On January 1, 2021, Congress passed the Corporate Transparency Act (the “CTA”), which requires all entities formed in or registered to do business in the United States to report beneficial ownership information to the Financial Crimes Enforcement Network (“FinCEN”), subject to some exceptions, by no later than January 1, 2022. Although the CTA...
Nursing homes would face minimum staffing requirements and a prohibition on pre-dispute arbitration agreements, among other significant potential changes included in legislation introduced last week by a group of Democratic senators. The bill would also explore future possibilities for smaller, more private nursing homes. The Department of Health...
An essential tool in the rebuilding of our American economy is at serious risk as part of the $1.8 trillion American Families Plan being considered in Washington – and the damage will be felt in every state, city and town still reeling from the ravages of COVID-19. For the last 100 years, like-kind exchanges, which allow investors to defer taxes...
By: Alec Dobson Long-term care facilities face increased potential for daily fines for non-compliance, rather than single fines, under recent action by the Centers for Medicare & Medicaid Services. Daily fines had been more common until the Trump Administration, in July 2017, instructed regulators to typically impose civil monetary penalties...
The military spends a lot of time planning, updating plans, scrapping plans and replanning. If you’ve ever served, you can attest to the amount of time and effort required to nail down every variable that is considered and planned for to achieve an objective. In many ways, your company is like the military. You spend time and effort creating...
By Heather J. Macklin Like all human relationships, business partnerships have their ups and downs. When things are going well, everyone is happy, and business usually booms. When things are not going well, however, even little disagreements can blow up into major disputes and business will often suffer for it. What are formerly happy business...
On April 28, 2021, President Joe Biden presented his proposed “American Families Plan” in an address to the nation. The address set forth hoped-for “once in a generation” investments focused on benefits to American families. These investments included expanded government-funded education, increases in various child and earned income credits, paid...
As set forth in the American Rescue Plan Act of 2021 (ARP), employers and certain governmental employers are allowed to claim refundable tax credits that reimburse them if they choose to provide paid sick and family leave due to COVID-19, including leave taken to receive and/or recover from COVID-19 vaccines. The Internal Revenue Service (IRS)...
New guidelines from the Centers for Disease Control and Prevention (CDC) and the Centers for Medicare and Medicaid Services (CMS) eased some testing requirements and social distancing measures for nursing home facilities in light of a large number of residents and employees being fully vaccinated. These changes should alleviate some of the...
