Senior Housing / Assisted Living

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July 1, 2015

In a decision issued on June 25, 2015, the United States Supreme Court ruled that the Fair Housing Act of 1968 (the FHA) prohibits unintentional, or “disparate,” discrimination as well as intentionally discriminatory practices. The case was decided in the context of disparate-income claims against a state agency administering the federal Low Income Housing Tax Credit (LIHTC) program. The Supreme Court’s opinion, while allowing FHA disparate-impact claims to proceed, also included cautionary language counseling lower courts against adjudicating disparate-impact claims in a manner that would discourage housing authorities and developers from engaging in housing development for low-income persons. The case will now return to the federal trial court for a determination, on the merits, of whether the LIHTC allocation decisions by the state housing agency constituted disparate-income discrimination. For more information, please read our client alert.

Client Alert
March 5, 2013

The Affordable Care Act (ACA), enacted in 2010, mandates that Medicare/Medicaid-certified nursing facilities and skilled nursing facilities have an effective compliance plan in place by March 23, 2013. ACA states that “[by March 23, 2013], a facility shall … have in operation a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administrative violations … and in promoting quality of care.” Nursing facilities are the first health care providers required to enact a mandatory compliance plan. For more information, read the client alert in its entirety.

Client Alert