CMS's New Long-Term Care Surveyor Guidance: What You Need to Know

How Michael Helps Clients Michael W. Bootier has a national practice representing commercial clients and healthcare providers in complex litigation. He represents long-term care providers, assisted living facilities, health systems, home health agencies, behavioral health providers, hospice agencies, laboratory management providers, and therapy providers across a broad spectrum of litigation matters, including class actions, qui tam litigation, and veil piercing litigation. In addition to representing healthcare providers, Michael maintains a diverse commercial litigation practice. Michael is on the cutting edge of the key issues facing long-term care providers in litigation, including issues related to COVID-19, veil piercing, themes of corporate negligence, defense of understaffing claims, enforceability of arbitration agreements, and e-discovery. For over a decade, Michael has litigated these issues at the trial and appellate levels against national plaintiffs’ firms. Michael’s representative litigation engagements include: Represented a long-term care provider in a class action lawsuit alleging systemic understaffing, leading to a favorable resolution that did not include a staffing injunction. Partnered with healthcare regulatory and white collar attorneys to obtain a complete dismissal for a laboratory management company in a civil suit arising out of conduct that allegedly implicated the Anti-Kickback Statute. Representing long-term care providers and related corporate entities in professional liability, corporate negligence, veil piercing, and understaffing claims nationwide. National representation of a long-term care provider in issues related to COVID-19. Representing providers in reimbursement disputes with public and private payors. In a case with underlying facts that led to national media exposure, obtained a complete dismissal for a subsequent operator faced with successor liability claims. General commercial litigation on behalf of healthcare and corporate clients. Michael is frequently invited to speak on issues related to healthcare litigation and trends in the industry. In addition to his litigation practice, Michael provides counseling and assists healthcare clients with regulatory issues. He has conducted training related to risk management and the litigation process. He also drafts admission agreements, arbitration agreements, and forum selection clauses for healthcare providers. Before focusing on long-term care litigation, Michael practiced in the Philadelphia office of a national law firm, specializing in financial services and insurance matters, as well as commercial litigation, including contractual disputes, securities, bankruptcy, and health-effects litigation. In 2003, while in law school, Michael served as a judicial intern for the Honorable Norman J. Ackerman, coordinating judge for the Complex Litigation Center of the Philadelphia Court of Common Pleas. What Clients Can Expect Michael partners with his clients to ensure that he understands their business. He works to find creative and cost-effective solutions to complex legal problems.

How Michael Helps Clients Michael and his team of bipartisan government relations professionals are continuously engaged in the issues that affect their clients. Michael has deep experience in federal government relations, legislative strategy, grassroots advocacy, political action committees, political campaigns and coalition building. He focuses his practice on the health industry (providers and payors) and works in various industries, including pharmaceutical, hospital and health systems, health plans and retail and compounding pharmacy industries. Adept at navigating relationships, Michael works closely with Congress and the Executive Branch, including the Department of Health and Human Services; Centers for Medicare and Medicaid Services; the Food and Drug Administration; U.S. Customs; and the Drug Enforcement Administration to create effective lobbying strategies as they apply to the health care sector. Before Buchanan, he worked for a state hospital association where he was responsible for federal lobbying efforts, strategy and oversight. He also managed congressional and regulatory affairs for several national physician associations that had interests in the laboratory and mental health space. In addition to his experience managing congressional, regulatory and regional relations, Michael worked on several U.S. Senate and statewide campaigns. What Clients Can Expect Michael is always working to gather information and foster collaboration at the highest levels of Congress. With a wealth of experience and his finger on the pulse of current events, Michaels knows how to develop sound strategies and get things done. Michael immerses himself in his work. He becomes part of the client's team, puts their needs first and acts dependably as their representative on Capitol Hill. Outside the Office Michael and his wife have two daughters involved in travel soccer, which keeps them all busy. If there is free time left over, Michael likes to golf—in spite of it being one of the few situations in which he has very little control over outcomes. Proof Points Serves on several advisory committees for members of congress and national political organizations. A frequent lecturer on federal health care issues and the Patient Protection and Affordable Care Act. Has presented to hospital boards, executive leadership, state and national health care associations, pharmaceutical companies, county chambers of commerce and economic organizations

Jill M. Lashay represents management in areas of labor and employment law, providing counsel to both union and non-union employers. She has worked with large and small employers in a variety of industries, including manufacturing, construction, property development and management, hospitality, real estate, retail, social/human services, medical/hospital and long-term care, technology, energy, mass transit, primary and secondary education, food service and correctional institutions. Jill has also represented public sector governmental entities. Jill was selected for inclusion in the Pennsylvania Super Lawyers® list in 2005, 2006, 2009 and each year since 2011. Jill has also been selected for inclusion in The Best Lawyers in America© lists since 2017 in the area of Litigation - Labor and Employment and was named Best Lawyers® 2021 Litigation – Labor and Employment "Lawyer of the Year" in Harrisburg. In 2018, she was honored with the Central Penn Business Journal's Women of Influence award. Jill assists clients to maintain a union-free workplace and, for those employers who are working with a union, she partners with them to negotiate and administer collective bargaining agreements. Jill has also handled numerous labor arbitrations and unfair labor practice charges involving a broad range of contract interpretation and disciplinary issues, including discharges arising from safety violations, theft, fraud, drug/alcohol use, violence in the workplace, insubordination and absenteeism. Jill assists employers to avoid costly employment-related litigation regarding: Compliance with discrimination laws. Hiring, evaluating and discharging employees. Managing employee leaves of absence. FLSA compliance – time records, exemptions, etc. Drug and alcohol testing. Social media and technology challenges within the workplace. Employment agreements. Arbitration. Restrictive covenants. Day-to-day human resource matters. When litigation cannot be avoided, Jill's practice includes representing employers before federal and state courts, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the National Labor Relations Board and various state human rights commissions across the country. Jill is nationally recognized in the area of occupational safety and health, assisting employers with general OSHA inspections, negotiating the reclassification of citations and reductions in proposed penalties with various OSHA Area and Regional offices and helping employers manage issues which arise when catastrophic accidents and fatalities strike the workplace. Jill has recently presented on topics including: Fair Labor Standards Act. Recent developments in labor/employment law and agency enforcement. Violence in the workplace. Navigating the Patient Protection and Affordable Care Act. Managing OSHA and environmental agency inspections. Changes in labor/employment law and agency enforcement. The impact of social media in the workplace. Managing the complexities of the Family and Medical Leave Act. Managing under the challenges of the Americans With Disabilities Act. Managing to remain union-free. FMLA and ADA training for supervisory and non-supervisory employees. Effective management during a union organizing campaign. Anti-harassment and anti-discrimination. Managing medical marijuana in the workplace.