Senior Housing & Care

Senior Housing & Care Law

Senior Housing & Care

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Foulston Siefkin provides legal services to clients in the continuum of senior housing & care. Our attorneys represent organizations offering aging services including developers and operators of assisted and independent living senior communities, Alzheimer’s and nursing homes (skilled nursing facilities, long term care facilities, and nursing care facilities), continuing care retirement communities (CCRC), and home care providers. We counsel our clients in all aspects of their business, construction and real estate, employment, financing, litigation, privacy, risk management, regulatory compliance, reimbursement, tax, and other legal affairs. We assist diverse types of senior facilities with issues involving federal and state regulators and taxing authorities, insurance reimbursement, professional liability, and quality assurance. We assist our clients with issues involving residents, providers and vendors, employees, and government regulators.

Our lawyers maintain a high level of expertise regarding federal and state regulations affecting the Senior Housing and Care industry. Our law firm devotes significant resources to ensure our attorneys remain up-to-date on regulatory and compliance developments. At the same time, the relationship of our Senior Housing & Care practice group with Foulston Siefkin’s other practice groups, including the health care, business, taxation, labor and employment, employee benefits, construction, real estate, and litigation groups, enhances our ability to consider the legal ramifications of our clients' situations.

Organizations served:
Adult Day Care Centers
Alzheimer's Care
Assisted Living Facilities
Continuing Care Retirement Community (CCRC)
Home Care
Home Health Agencies
Hospice Care
Independent Living Communities
Long Term Care Facilities
Multi-Level Facilities
Nursing Care Facilities and Agencies
Nursing Homes
Retirement Homes
Senior Apartments
Skilled Nursing Facilities
Areas of Representation
Admission agreements and policies - negotiated service agreements and resident agreements
Identification of responsible parties and definition of their duties and responsibilities.
Anti-Kickback Statute compliance
Bioethical and end of life issues
Help providers develop practical responses to challenges of decisions about withdrawal of life sustaining treatment & Patient Self-Determination Act and the Advance Directive for Healthcare Act, including the establishment of ethics committees.
Business and contract disputes
Civil rights
Class action lawsuits
Commercial litigation
Construction law
Contracting -suppliers, professional staff, hospice
Corporate governance & board of directors Representation
Credentialing/peer review
Creditors' rights
Employee benefits
Design, implementation, and maintenance of a competitive benefits package while complying with the substantive rules of ERISA, the Internal Revenue Code, and applicable state law.
Evictions
Elder abuse claims
Electronic medical records
Employment and labor law
Advise and represent employers in the full range of issues arising from the employment relationship.
Fair Housing Act compliance
Financing, including healthcare bond issues
Fire and safety issues
Fraud and abuse Compliance
General business issues
Advise on the formation, organization, and restructuring of entities to minimize liability issues; conventional and tax-exempt financing matters; real estate acquisition and development; sale and lease back transactions; REIT financing; and long-term management arrangements.
General & Corporate counsel
Government investigations and white collar crime
Negotiate pre-trial resolutions of charges filed by government agencies and if necessary aggressively defend clients in litigation involved with Federal and State investigations. Assess risks associated with investigations and provide counsel in order to create programs to prevent and detect internal misconduct that puts the company at risk for criminal prosecution.
HIPAA / HITECH compliance
Insurance fraud defense
Intellectual property
Licensure and regulation
Advise on national and state legislation and regulatory developments related to senior housing and care. Oversee the survey and enforcement process of federal certification surveys and state licensing inspections.
Lobbying
Long-term care bed exception requests
Advocate for nursing facility clients seeking to add new or additional beds to their facility
Managed care disputes
Medicare and Medicaid certification and reimbursement
Medicaid waiver programs
Not-for-profit status and other tax-exempt issues
Nursing home surveys
Professional liability litigation
Qui Tam (Whistleblower) suits
Real estate
Resident litigation
Resident relocation
Risk management
Implement compliance, audit and documentation procedures to minimize litigation claims.
Software licenses
STARK compliance
Taxation - income, property tax, and sales and use tax
Tort claims
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