LeClairRyan has the honor of serving for-profit and not-for-profit long term care facility owners, operators and management companies across the nation, including skilled nursing facilities, assisted living facilities, retirement communities and independent living facilities. We also represent suppliers of goods and services to the long term care industry, including home healthcare, pharmacy, dialysis, rehabilitation therapy, hospice and transportation companies. We are trusted advisors to our long term care clients, meeting their risk management, regulatory, employment, corporate, business, real estate, transactional and litigation needs. We partner with our clients to address their legal and business needs, implement action plans and accomplish their goals through a full spectrum of legal services. In addition, members of our team regularly contribute to LeClairRyan's Long Term Care Counsel
blog and delve into topics related to corporate law, employment law, regulatory compliance, mergers and acquisition, real estate and litigation.
The employment attorneys on our team understand the employment issues that our long term care clients face. We work with our clients to achieve a workplace free of distractions that interfere with the quality of services provided to residents. We provide advice and assistance with employee management issues as they arise and offer strong defenses when litigation occurs.
Members of our team advise and draft policies on drug testing, criminal activities of employees, advertising and hiring practices, privacy matters, employee personnel files, discipline and termination. We also draft employment agreements, multi-step disciplinary procedures, employment policies and employee handbooks. In addition, we conduct on-site investigations and interviews to obtain information related to employment issues. We also implement action plans and provide educational programs and sensitivity training.
We represent our clients in administrative agency proceedings and litigation related to the Americans with Disabilities Act, Age Discrimination Act, Title VII of the Civil Rights Act of 1964, Family Medical Leave Act, Fair Labor Standards Act, Equal Pay Act and a multitude of other federal and state employment laws. We guide our clients through discrimination complaints from the initial filing of a charge through the federal or state agency findings notices. We defend workers’ compensation claims to ensure that workplace injuries are accurately represented and that payments are appropriate. Our team has extensive litigation experience with wrongful termination, improper discipline, wage-hour and discrimination lawsuits. We also defend negligent hiring, negligent supervision and negligent retention claims.
Regulatory Compliance and Government Investigations
We are dedicated to relieving our clients of the myriad regulatory requirements placed upon the long term care industry so they can focus on providing care. To that end, we assist our clients with interpreting and analyzing federal fraud and abuse laws, including federal anti-kickback, self-referral, unfair trade practices, false claims and secondary payor issues. We conduct risk assessments for our clients and implement compliance programs to prevent government reviews.
Members of our team assist our clients with developing and implementing compliance programs in accordance with OIG guidelines, the Federal Sentencing Guidelines and civil duties under federal law. We perform compliance gap analyses of existing compliance policies and revise and draft policies as necessary to bolster our clients’ compliance programs. Our team reviews proposed and existing business arrangements to ensure compliance or minimize risks associated with fraud and abuse laws, including the Physician Self-Referral Law (Stark Law), Anti-Kickback Statute, civil monetary penalty laws, and the False Claims Act, as well as government and third-party payor reimbursement requirements.
We represent our clients in matters associated with government investigations and regulatory compliance, including transactional due diligence, internal investigations and governmental enforcement actions. Our attorneys have assisted our clients with Centers for Medicare and Medicaid Services, Food and Drug Administration and Occupational Safety and Health Administration audits and investigations. Members of our team are present for on-site investigations to ensure favorable outcomes and identify when regulators overstep their authority. We also represent clients in appeals of state and federal adverse findings.
Members of our team understand how today’s economy has affected the long term care industry, allowing us to effectively work with facility owners and operators to create legal strategies and business solutions that protect our clients’ interests. Toward that end, we call upon our corporate services attorneys to assist in the structuring or restructuring of business entities to account for issues related to owners’ liability.
Our corporate services attorneys can assist our clients with acquisitions and sales of single or portfolios of assisted living, skilled nursing and independent living facilities and negotiate transfer agreements. We also provide financing services to assist clients with bridge and permanent acquisition financing, including mezzanine financing, and with financing and re-financing of HUD-insured loans. We work with HUD to resolve issues related to acquisitions, sales, refinancing and restructurings of long term care facilities. Our attorneys assist with obtaining certificates of public need, provide change of ownership guidance and assist with real estate transactions and zoning. Our team also drafts lease agreements for facilities and other contracts for facility services.
Our litigation attorneys understand that our clients are increasingly becoming the focus of litigation as the over-70 population grows. We are dedicated to protecting our clients from litigation, and, when necessary, defending them through the litigation process. Members of our team offer training sessions to educate clients and their staff on emerging risk management issues and litigation trends. We are first-responders to our clients and address crisis situations immediately and implement action plans.
Our team members have successfully defended a variety of matters, including allegations of resident/staff rape, premises liability and building code violations, and theft of resident property. In addition, we have obtained favorable results through summary dismissal or trial in cases involving failure to monitor, medication errors, resident-on-resident assault, elopement, pressure ulcers and resident falls. We also represent healthcare professionals before tribunals such as medical staff credentialing committees and state licensing boards and appear before administrative law judges on matters related to reimbursement and taxation. We understand the demands of litigation on our clients and strive to reasonably resolve matters through alternative dispute resolution. Throughout the litigation or dispute resolution process, we consistently provide our clients with well-reasoned case analyses and updated case developments.