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Alliance December Legal Update and News Report

  • By:
  • Carl Swan
  • |
  • Dec. 16th, 2014
Creatingsolutions providingconfidence

Please enjoy this December edition of the Alliance Legal Update and News Report focused on issues and solutions affecting our Senior Living Industry.

With the amount of growth by our clients in 2014, this month General Counsel David Thurber shares a few thought provoking tips on Successor Liability with specific ideas and examples for anyone looking to acquire ownership or management of additional facilities. Also included is a white paper on The Recreational Use of Marijuana - The Legalization is Spreading. If you have any questions about these issues, please reach out to me or contact David directly.

In the News Section I have included an article on a new 'Site-neutral' payment proposal pitting rehab hospitals against nursing homes. Also included is information on a new rule proposal by CMS where LTC facilities would be required to extend spousal rights to same-sex married couples with a link to additional information, as well as an article where realtors claim to Pinpoint the Top 10 Housing Markets for Baby Boomers.

With the Holiday season upon us, I am mindful of a number of things in my life and professional career to be thankful for. One is the blessing to be able to partner with so many first in class providers across the country who are leading such caring teams of professionals dedicated to caring for seniors. I trust that this holiday seasons brings rest and refreshment to you, your team and the residents you serve. 

Have a wonderful holiday and a blessed start to the new year.

Alliance Risk Reports

Successor Liability - Buyer Beware
Alliance Insurance Group
J. David Thurber I bought his business and only bought the assets. Now I’m sued by a group of former employees for a huge wage and hour lawsuit. I thought I just purchased the assets of the business not their problems. What happened? Successor liability is what happened. This article will review this concept and some thoughts on your due diligence to avoid this real life scenario.

The Recreational Use of Marijuana - The Legalization is Spreading
Alliance Insurance Group
J. David Thurber While our society has moved to legalize the use of marijuana, first for medicinal use and now just for fun (17 states total), the law still upholds an employer’s right to manage certain aspects of its business. This includes the enforcement of drug and alcohol policies.


4 Things Senior Living Learned About ACOs in 2014
SH News
Emily Study There’s no doubt 2014 has been a big year for Accountable Care Organizations. Like the roll out of many initiatives, though, ACOs are not without their fair share of challenges. Looking back, here are four things the industry learned that providers should consider in the future:

Forbes: What Will Assisted Living Look Like in 2020?
SH News
E. Ecker Assisted living is changing, and fast, writes Forbes columnist Howard Gleckman in an article published this week. Residents are changing, their needs are changing, and the services they require may not longer fit the hybrid model they have assumed somewhere between independent living and nursing home care.
'Site-neutral' payment proposal pits rehab hospitals against nursing homes
LTL News
Lois Bowers People requiring intensive rehabilitation care are better served by inpatient rehabilitation hospitals than by nursing homes, according to the Coalition to Preserve Rehabilitation (CPR), so “site-neutral” payment proposals that would equalize payments between both settings, potentially resulting in the diversion of more patients to nursing homes, troubles the group.
LTC facilities must extend spousal rights to same-sex married couples, CMS proposed rule states
Tim Mullaney Long-term care facilities in all states would have to recognize certain same-sex marriages in order to participate in Medicare and Medicaid, under a proposed rule recently released.
Agency issues guidance on dealing with active shooters in long-term care, other healthcare settings
Tim Mullaney The federal Department of Health and Human Services has issued guidance for how long-term care facilities and other healthcare providers should prepare for an active shooter emergency. The guidance acknowledges the complicated realities of these types of emergencies but nonetheless offers strategies for threat assessment, actions to take during and after an emergency, and other best practices
Realtors Pinpoint Top 10 Housing Markets for Baby Boomers
Jason Olivia As the baby boomer generation approaches retirement, many will consider the prospect of relocating. But whether that decision is fueled by warmer climates, affordability or greater job opportunities for older adults, new data from the National Association of Realtors (NAR) shows which markets may attract the most boomers in the coming years.

Commercial Property & Casualty

Growing Interest in Cyber Liability Insurance
Property Casualty 360
Small businesses are concerned about cyber crime for two reasons. First, their own businesses can be compromised by such events, possibly leading to financial losses and even temporary business shutdowns.

Employee Benefits

5 Labor Department PPACA Audit Insights
Life Health Pro
Employers had to comply with many Patient Protection and Affordable Care Act (PPACA) provisions -- including the young-adult coverage access provisions, the Summary of Benefits and Coverage (SBC) provisions, and the provisions phasing out annual and lifetime major medical benefits limits -- even before Jan. 1, 2014.

Workers Rate Benefits Important, Show High Take-Up Rates
Employee Benefit Research Institute
The vast majority of workers say their benefits package is important to their decision to take a job, as supported by the high take-up rates when benefits are offered, according to a new report by the nonpartisan Employee Benefit Research Institute (EBRI).
HDHPs Gaining in Popularity
Benefits Pro
More than 4 in 10 Americans say they prefer high-deductible health plans so they can pay lower monthly premiums.


Employers Increasingly Adopting Wellness Incentives During Open Enrollment for 2015
Employee Benefit Research Institute
Few employers plan to eliminate or make major changes in their health care benefits in the near future—but changes are inevitable, especially the growth of wellness programs designed to address worker risks and behaviors, which drive chronic conditions, and account for a large percentage of overall spending, according to a new report by the nonpartisan Employee Benefit Research Institute (EBRI).

Why Businesses Can’t Aafford to Ignore Work-Life Perks
Benefits Pro
Work-life balance is dead. The concept that work and life are opposing forces is unraveling. And that’s a good thing for benefits. At the same time working hours are getting longer, work-life satisfaction is increasing. What’s behind these seemingly counterintuitive trends?

Your HR Toolbox

More Employers Embrace Flexible Schedules
Benefits Pro
Employers must be listening to what employees are telling pollsters when they say they want more flexibility at work. A survey by the International Foundation of Employee Benefit Plans finds that nearly half of those employers who responded are offering flexibility in scheduling as part of their 2015 benefit package.

Is Resume Fraud More Common Than Ever?
Benefits Pro
Resume fraud — the practice of falsifying information on resumes — may happen for different reasons and to varying degrees among job applicants. But experts who have studied resume fraud say it’s common and may be growing, and that it always should be viewed as a red flag by employers.