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Investors With Questionable Records Want to Buy Five Vermont Nursing Homes Will the State Let Them?

Investors With Questionable Records Want to Buy Five Vermont Nursing Homes Will the State Let Them?
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Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers? | Sheppard Mullin Richter & Hampton LLP

[co-author: Genta Iwasaki] In a February 10, 2021 ruling (the “Garcia Ruling”) out of the District Court for the Central District of California (the “CDCA Court”) in the case of ., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19. Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senior and long term care facilities is tremendously significant to the industry.

COVID-19: PREP Act Exempts Sr Living Facilities from Civil Liability

Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers? Monday, March 8, 2021 In a February 10, 2021 ruling (the “Garcia Ruling”) out of the CDCA Court for the Central District of California (the “CDCA Court”) in the case of  ., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19. Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senio

Ex-Pennsylvania nursing home administrator charged in fraud over care hours

Ex-Pennsylvania nursing home administrator charged in fraud over care hours Phil Helsel The former administrator of a Pennsylvania nursing home was indicted this week and accused of scheming to falsely inflate work records to meet staffing requirements during the Covid-19 pandemic, officials said. Susan Gilbert, 60, of Lawrence, was indicted Wednesday by a grand jury on charges of conspiracy to defraud the United States, health care fraud and obstruction of a federal audit, said the U.S. Attorney s Office for the Western District of Pennsylvania. These crimes put facility residents at risk by only providing a dangerously low amount of nursing staff just before COVID began to surge across the country, Pennsylvania Attorney General Josh Shapiro said in a statement, referring to the pandemic that has now killed more than a half-million people in the U.S.

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