Our lawyers are thought leaders in the industry. They include members, leaders, and frequent presenters at regional and national trade organizations, such as the American Health Lawyer Association, the American Health Care Association, LeadingAge, Argentum, the Washington Health Care Association, the Oregon Health Care Association, and LeadingAge Oregon and Washington.
Transactions
We represent clients in a full range of transactions, including acquisitions, dispositions, leases, project-based financings, real estate and accounts receivable financings, management agreements, development agreements, and operations transfers. In addition to general transactional experience, we are familiar with the operational and regulatory nuances of the industry. This knowledge enables us to structure transactions to be completed efficiently and in a manner, which protects our clients’ interests.
Licensing
Licensing and change of ownership approval is a key consideration in all senior living and long-term care transactions. Our national senior living and long-term care-specific licensing arm uses a unique process-driven approach to assist owners and operators in structuring and obtaining licensure approval for single- and multiproperty senior living and long-term care transactions across the country.
Regulatory/Compliance and Operations
We advise clients in risk management, survey preparation, investigations, deficiency citations and enforcement response, plans of correction, immediate jeopardy citations, compliance with regulations and license conditions, revocation and termination actions, certificates of need, admission and residency agreements, resident discharges, medical director agreements, management agreements, HIPAA compliance, fair housing and ADA compliance, policies and procedures, and other complex matters.
Some other services we offer include:
- Management agreements and operation transfer agreements
- Managed risk agreements
- Admission agreements, policies and procedures, and resident handbooks
- Reimbursement issues and recoupment issues
- Death with Dignity Act compliance
- Marijuana use specific to senior living and care
- HIPAA compliance
- Fair Housing and ADA Issues
- Resident rights issues, including discharge proceedings
- Managed Care contract negotiations
General Counsel Services
We serve as outside general counsel for many regional and multistate management companies and owner/operators of senior living and care communities across the nation, including not-for-profit life plan communities. We partner with clients to offer guidance and advice on all types of matters, including litigation support and management, transactional, regulatory, compliance, licensing, contract review, employment, tax, board governance, risk management, financing, and more.
Government and Compliance Investigations
With several former federal prosecutors on our team, we have an insider’s perspective on management and defense of government investigations in the senior living sector. We represent clients in investigations involving alleged misconduct, housing regulations, Medicaid/Medicare compliance, and licensing. For our clients with operations outside the United States, we advise on matters involving the False Claims Act and the Foreign Corrupt Practices Act.
Labor and Employment
We have experienced and practical lawyers who can defend against all types of labor and employment disputes. We help develop, implement, and update policies to ensure clients are meeting best practices—providing risk management strategies and counseling to employers to help navigate potential claims. The employment lawyers in our group have years of experience counseling senior housing and long-term care clients and understand the unique challenges affecting the industry.
Litigation
Our practical and efficient approach to litigation—coupled with our industry knowledge—allows us to defend clients against the range of federal, state, and civil actions, including before administrative hearings offices. We defend providers against private-party claims, state and federal actions, allegations of misconduct, regulatory non-compliance, licensing board actions, and unlawful employment practice claims. Our work includes defending clients in Medicare/Medicaid fraud claims.
Some of the services we offers include:
- False Claims Act defense
- Defense of license conditions
- Revocation matters
- Abuse investigations and management
- Arbitration agreements
- Appealing and disputing civil monetary penalties
Real Estate Development and Financing
Ballard Spahr is a national leader in real estate construction and development, and we have specific skill in the health care and senior living and long-term care industries. We represent developers of senior living facilities in the acquisition of raw land; the negotiation of contracts with architects, developers and contractors; the financing of proposed development projects; and, where applicable, the obtaining of certificates of need and the initial licensure of projects.
