Senior Living

We will work with you to manage your day-to-day business and operational issues, including commercial transactions, securities law compliance, corporate governance services, facility acquisitions and divestitures, financing, and compensation. Our attorneys also provide you with services to help with your extraordinary transactions, including securities offerings, mergers and acquisitions, consolidations, and corporate restructuring.

Our Senior Living attorneys are experienced as counsel to borrowers, lenders, underwriters, and other parties to financing transactions. We leverage our experience to help address your financing matters, including tax-exempt bond financing, bank credit facility borrowing, public and private debt and equity offerings, and day-to-day working capital facilities. In addition, we can work with you and your lender to develop strategies for distressed credits.

Our attorneys have the knowledge and experience to help you stay current on the ever-changing industry regulatory and compliance requirements, including:

State Licensing and Regulatory Compliance: We provide counsel on state licensing as well as state and federal regulatory compliance and on meeting change of ownership regulatory requirements. Our attorneys can assist you in responding to surveys, appealing findings of non-compliance, and resolving regulatory issues with oversight agencies. We defend enforcement actions aggressively and can represent you in a broad range of regulatory matters.

Medicare and Medicaid Certification and Reimbursement: Our Senior Living attorneys regularly counsel clients on the requirements for federal Medicare and Medicaid certification and can assist you with applications and renewals and in negotiating legal, enforceable third-party contracts. We have extensive experience in reimbursement and can counsel you on coverage and cost-reporting issues as well as responding to audits and appealing audit findings to the Provider Reimbursement Review Board (PRRB).

Health Care Fraud and Abuse and Corporate Compliance: We have comprehensive experience in developing compliance plans and in training staff. Our attorneys will counsel you in identifying and addressing fraud and abuse issues, as well as effecting compliance in reimbursement, licensing, tax, and insurance. When you are considering business transactions and arrangements, we can review them to determine the legality under applicable health care laws and regulations.

Not-for-Profit Representation: Our Senior Living attorneys have represented not-for-profit providers across the United States and offer you seasoned advice for maintaining tax-exempt status and structuring transactions to comply with applicable tax regulations.

Fair Housing Compliance: Clients rely on our counseling and defense services when facing allegations of noncompliance with Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) as well as state and local statutes and regulations. To help you mitigate your risk, we can review your operations to help ensure your compliance with the Fair Housing Act and applicable federal law regarding discrimination.

Certificate of Need and Health Planning: When you are looking to begin new construction, launch expansion projects, or sell your facilities, we assist with applications for Certificates of Need and Certificates of Exemption. As necessary, we will work to appeal decisions and amend or revise a Certificate of Need or Certificate of Exemption.

Medicaid Waiver Programs: We have extensive experience in assisting with Medicaid waiver program applications to provide assisted living, and also can lobby for the development of various waiver programs.

We offer comprehensive solutions for all aspects of your senior living business. Our services include:

Real Estate and Land Use: Our Senior Living attorneys can counsel you on a variety of real estate and land use matters — from simple local zoning issues to complex, multi-state purchase and sale transactions and environmental counseling and compliance. We regularly represent providers, developers, real estate investment trusts (REITs), and financial institutions on these issues.

Risk Assessment and Management: To help you mitigate risk, we offer you a comprehensive set of services, including reviews of contracts, operations, and policies and procedures. We can counsel you on responding to emergent situations with the potential for litigation of regulatory liability, and regularly direct incident investigations and responses to limit liability and resolve disputes.

Labor and Employment Law: We offer you services to address a full spectrum of labor and employment issues, from wrongful discharge actions to fighting organizing campaigns. We manage labor and employment litigation skillfully and cost effectively. Through our blend of technology, problem-prevention tools, and world-class compliance counseling, our attorneys can help you proactively reduce your chances for labor and employment-related issues.

Litigation: We can represent you in cases involving antitrust, bankruptcy and business reorganizations, construction, insurance dispute resolution, intellectual property (IP) litigation, general commercial litigation (including cases involving contract rights and disputes), product liability, securities litigation, enforcement, regulation, white collar defense, and corporate compliance.

Public Policy Services: Our Senior Living attorneys offer federal and state lobbying for industry regulation and reform and representation of senior housing and long-term care services and product suppliers before government, consumers, and other industry groups.

Tax Services: Skilled in tax law and disputes with state and federal tax authorities, our Senior Living attorneys provide you with knowledgeable and tax-advantageous counseling, transactions, tax controversy resolution, and planning solutions.

Employee Benefits and Executive Compensation: We regularly provide comprehensive advice to help you manage your executive compensation and employee benefits issues.