Long Term Care
Long-term care providers operate in a volatile environment. They need attorneys who already understand their industry. That’s where the Benesch Long Term Care Team can help. We have nationally recognized attorneys with firsthand knowledge of the long term care industry, and we use a team approach that matches the way health care providers do business.
Firsthand Experience
The Benesch Long Term Care Team boasts firsthand experience in the long-term care field, which gives us an entrepreneurial view of your business. For instance, one of our partners is a registered nursed, former nursing home administrator and former nursing director who also practiced in long term care facilities. We not only know about the legal challenges in your business, but we also know from experience the clinical issues you contend with every day.
From matters relating to licensure and Medicare and Medicaid certification to certificates of need, survey and enforcement, and reimbursement and compliance matters, Benesch has done it all. Our attorneys are well-versed in federal and state regulations and familiar with for-profit and not-for-profit operating environments. We have built strong relationships with health insurance companies, medical suppliers and state and federal regulators. The firm also assists long term care clients in acquisitions, dispositions, restructuring and reorganizations, financing, development and construction, and litigation.
Our attorneys have built a national reputation in the long term care field, and our expertise is often sought out by both the legal community and the industries we serve. Our attorneys have been on the legal committees of the American Health Care Association and the American Association for Homes and Services for the Aging, and have chaired of the Long Term Care Program of the American Health Lawyers Association. Our active trade association involvement enables us to bring a national perspective on long term care matters to your organization.
A Proven Consultant Team
When you take the Long Term Care Team’s extensive experience and add a highly functional team approach, you get consultants who offer personalized service. The way we practice law is in many ways parallel to the way good health care providers practice health care: by offering a team approach. Like our clients, we have an interdisciplinary team, in which we call in the specialized expertise of certain attorneys as dictated by the client’s situation. Using this approach, our attorneys offer clients customized services, from in-service training for nurses designed to help them deal with the ever-mounting paperwork requirements to training on how to prevent and spot patient abuse and neglect before it’s flagged by a state surveyor.
Our team is fully aware of the many challenges in the long term care industry. In the midst of deciding how to extend the life of your aging facilities and how to diversify to maintain the bottom line, you contend with increasing regulatory oversight, mounting liability and criminalization cases and greater scrutiny over quality of care. Given these challenges, many of our clients ask our attorneys to come to their long-term care facilities to proactively identify any potential care or compliance issues and to recommend ways to resolve those issues as quickly as possible. Our experience in the long-term care field enables our attorneys to provide these exceptional consultant services.
The Long Term Care Team is well-equipped to provide clients with insight into how industry changes could impact their business. Our valuable foresight allows you to make informed decisions on how to prepare and position your long-term care practice for the future. In addition, our registered lobbyists also represent and advocate on behalf of clients to provide legislators, owners and administrators the information they need to establish laws and regulations that are relevant and not overly burdensome.
Experience
- Represented numerous long-term care and assisted living facilities in mergers, acquisitions and leases, Medicare and Medicaid reimbursement matters, licensure and certification matters, financings, and survey and enforcement matters.
- Assisted a nursing facility in an informal dispute resolution proceeds that resulted in the deletion of an immediate jeopardy citation.
- Represented a skilled nursing facility in an appeal of civil money penalties for alleged Medicare and Medicaid noncompliance that resulted in the withdrawal of a penalty in excess of $500,000.
- Assisted a nursing facility in the development of a plan of correction for multiple citations including immediate jeopardy and substandard care.
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Represented Ohio Living in its participation in a joint venture with two other continuing care retirement communities for the development and generation of an institutional special needs plan which will be marketed as a Medicare Advantage Plan in the areas served by the joint venture partners.
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Represented Continuing Health Care Solutions, Inc. (CHS) in receiving $43.3 million term loan and line of credit from Oxford Finance LLC.
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Represented The CommuniCare Family of Companies in the sale of Commons at Greenbriar, a 50-unit assisted living community located in Youngstown, Ohio suburb of Boardman, to EDM Management, Inc.
