Overview

With an aging population and payment systems shifting to value-based models that require collaboration among health care providers, post-acute care providers are becoming an even more important part of the health care delivery system. Our lawyers recognize the value these providers bring to their communities. Closely monitoring regulatory developments and industry trends affecting post-acute care providers enables us to partner with our clients to minimize risks and efficiently manage legal issues that arise.

We serve as local counsel to nursing homes, assisted living/residential care facilities, hospices, and home health agencies, advising on state laws and regulations related to establishing and operating nursing homes, assisted living facilities, hospice and home health agencies, and participation in state Medicaid programs.

We watch for new developments in federal and state law to help our clients prepare for key changes and ensure they remain compliant.

We advise on:

  • Compliance with the Anti-Kickback Statute, Stark Law and False Claims Act.
  • Joint ventures and preferred provider arrangements.
  • HIPAA compliance:
    • Analyzing the applicability of HIPAA and other privacy laws to matters involving the use or disclosure of protected health information.
    • Developing compliance programs.
    • Presenting employee training programs.
    • Responding to OCR investigations.
    • Advising on breach assessments and responses.
  • Government investigations:
    • Representing individuals and entities in investigations conducted by the Office of Inspector General, U.S. Department of Justice, Ohio Attorney General and state licensing agencies. We also assist them in responding to surveys and appealing findings of noncompliance. Our team includes former government employees who advise on managing compliance risks.
  • Transactions:
    • Mergers and acquisitions.
    • Local counsel opinions for bank financings.
    • Change of ownership requirements for large multistate deals.
    • Investments by private equity investors and REITs.
    • Corporate tax restructurings.