Health & Life Sciences

Long-Term Care and Senior Housing

Quarles & Brady’s Health Law Practice Group represents long-term care providers, including Medicare-certified skilled nursing facilities, assisted- and independent-living facilities, continuing care retirement communities, and home health and hospice providers. Our attorneys are knowledgeable and can recognize and resolve the pressing issues that long-term care providers face every day. Quarles & Brady provides guidance on all issues affecting long-term-care providers, including regulatory, compliance, governance, labor and employment, and litigation matters. We work with providers on Medicare and Medicaid certification and application issues, as well as state license applications and filings, including those that involve change of ownership. We have extensive knowledge of the different licensing requirements for the various types of facilities. We also vigorously advocate on behalf of long-term-care providers, including individual licensed professionals dealing with state licensure and federal certification or responding to allegations of fraud, abuse, or negligence.

Our long-term care practice attorneys regularly help providers facing emergency situations, such as government investigations, allegations of resident abuse or neglect, or instances of alleged "immediate jeopardy” and the threat of decertification. We are adept at conducting incident investigations, preparing and implementing effective responses, and assisting long-term care providers with a host of issues involving residents and families, such as resident discharge, complaints, or reports. In addition, our team provides training to facilities to ensure continued compliance with federal and state laws.

Services we provide to long-term care providers include the following:

  • development, formation, acquisition, expansion, sales, mergers, and joint ventures of long-term care facilities, senior living communities, assisted living communities, and continuing care retirement communities, including change of ownership considerations;
  • regulatory counsel on licensing and in defending regulatory actions brought by State and Federal agencies;
  • survey processes, including developing robust plans of correction;
  • resident abuse training for long-term care staff and assistance with reporting requirements;
  • development and review of facility policies and procedures, and resident agreements to ensure compliance with all applicable federal and state laws and regulations;
  • Medicare conditions of participation compliance;
  • general corporate counseling;
  • fraud and abuse compliance, investigations, and resolutions;
  • false claims and billing matters;
  • management of health care records and information and analysis of applicable federal and state privacy and security laws, including HIPAA;
  • certificate of need;
  • OIG exclusion issues;
  • disaster planning and recovery;
  • labor and employment;
  • employee benefits;
  • immigration;
  • intellectual property protection, copyright, and patent prosecution;
  • licensure and certification of facilities;
  • federal and state government relations;
  • antitrust;
  • payor relations, audits, and appeals;
  • billing, coding, and coverage issues;
  • litigation, arbitration, mediation; and
  • qui tam defense and false claims investigations and litigation.