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In Brief: A Digest of Post-Acute Care and Nursing Facilities Projects

Client Success
  • Assist, educate and advise long term care facilities on all types of regulatory matters, including facility licensure and certification compliance; employment agreements and disputes; Medicare and Medicaid certification, decertification, reimbursement and payment requirements; System Improvement Agreements; corporate compliance; admission and discharge problems; transactions; HIPAA compliance; Red Flag compliance; operational and employment agreements and contracts; advance directives, resident right and end of life issues and Medicaid bed waiver applications or bed transfers.
  • Counsel senior housing, residential care facility and assisted living facilities regarding compliance requirements and determination of individual’s health needs and relevant resident acuity assessments to determine appropriateness of occupancy.
  • Provided litigation of successful appeals at both State and Federal level. Including, but not limited to, matters before the State Survey agency, Departmental Appeals Boards Civil Remedies Division, State Involuntary Discharge Appeals, Medicare and Medicaid Reimbursement and RUGs.
  • Assist and advise clients with the creation and development of all forms of policies, procedures, contracts and agreements, ranging from clinical policies to employment policies for staff. Provide on-going education to clients regarding updates in compliance requirements and recent legal decisions that might impact current policies. Assist with employee disciplinary matters, including required reporting to licensure agencies.
  • Advise on business structuring, including basic business and tax planning for developers and operators; corporate articles and bylaws; business formation and restructuring; tax planning and advice; project restructuring; joint venture agreements (including agreements between nonprofit and for-profit partners); mergers and acquisitions; and trademark and copyright issues.
  • Handle litigation and dispute resolution, including defending lawsuits involving allegations of negligence, elder abuse, personal injury, wrongful death, employment and breach of contract claims.
  • Provide legislative and administrative advocacy, including state advocacy and negotiation with legislative bodies and administrative agencies, drafting and analysis of proposed legislation and regulations.
  • Provide support on all aspects of post-acute care real estate and housing projects, including, but not limited to, project development and acquisition support; due diligence; purchases; loans, design and construction issues permanent financing, and refinancing; limited partnership offerings; credit enhancement; rehabilitation tax credits. Assist with all aspects of HUD representation and financing; assistance with IRS audits; local property tax assessments; HUD 202 Program; structuring and approval of condominiums and cooperatives; zoning and land use planning; management contracts; resident fee agreements; insurance advice and securities registration issues.