Senior Living and Long-Term Care
Bingham Greenebaum Doll LLP provides comprehensive services to our long-term care and senior living clients. The firm began servicing this segment of the health care industry in the late 1960s, when several of its prominent attorneys organized and developed ExtendiCare, a skilled nursing company that later became Humana Inc.
The scope and breadth of the firm’s services have grown along with the expansion of the long-term and senior care industry in the regions served by the firm. Our attorneys have served the industry in many capacities, including stints as internal general counsel and as external, general counsel. We serve as counsel on regulatory and operations matters, litigation and dispute resolution, health care fraud, labor and employment, debt financings, securities, mergers and acquisitions and other transactional services.
Our clients include national, regional and local organizations in skilled nursing, assisted living, independent living and congregate care (for seniors and individuals with developmental disabilities), home health agencies, hospice, and real estate investment trusts serving the senior living market. We serve as legal counsel to providers of services ancillary to the long-term care and senior care industry, including Medicare and Medicaid managed care organizations, and accountable care organizations.
The areas in which we provide long-term care services include:
- Strategic Transactions
- Litigation and Defense
- Criminal Neglect and Abuse
- Health Care Fraud
Our attorneys provide progressive business and legal solutions to a wide range of organizations in the long-term care and senior care industry, from large publicly traded companies to small emerging businesses. No matter the transaction or the strategic objective of your organization, our attorneys have industry-specific knowledge to guide you through the complexity of such transactions and related regulatory oversight to achieve your strategic business objectives.
Bingham Greenebaum Doll LLP attorneys are regularly engaged as counsel to long-term and senior care companies. We provide clients with ways to fund growth and development while satisfying capital and operational needs.
Our strategic transactions services include:
- Mergers and acquisitions
- Corporate reorganizations
- Joint ventures
- Other transactional matters
- Securities and finance services
- Initial public offerings and secondary public offerings of equity and debt securities
- Private placements of securities
- Going-private transactions
- Proxy contests
- Securities disclosure and compliance
- Multi-family financing of senior housing (through private means, investment banks, financing leases through REITS, and through loan facilities from the U.S. Department of Housing and Urban Development, with Fannie Mae or Freddie Mac, and other commercial lending sources)
The development, implementation and maintenance of effective compliance programs are essential to all health care providers, including skilled nursing, assisted living, home health, intermediate care facilities and other providers of long-term care services. An effectively designed compliance program enhances business operations by controlling and managing regulatory and operational risks; reducing mistakes; enhancing the flow of information to directors, officers and other leaders within the organization; improving oversight and implementation of corrective actions; reducing losses from regulatory violations (or from accidents or mistakes); and improving relations with residents and clients, employees and regulators.
Bingham Greenebaum Doll LLP has extensive experience in assisting clients with their compliance needs and exercise of fiduciary duties.
Our compliance services include:
- Designing and drafting compliance programs
- Assistance in implementing compliance programs (including conducting internal audits and investigations)
- Advising on sensitive legal considerations to effectively handle potential losses identified by the compliance oversight function
- Assisting in the management of internal processes and information flow to remediate compliance issues
- Handling external audits and investigations by governmental regulators and other third-party claimants
To handle health care compliance issues effectively, we draw on our attorneys who have experience in several different legal disciplines, including health care operations and regulations, health care and corporate governance, mergers, acquisitions and finance, and litigation and dispute resolution.
Litigation and Defense
Bingham Greenebaum Doll LLP has extensive experience representing nursing homes, having conducted more than 100 internal investigations for nursing home corporations. The firm also represents long-term care facilities in health care fraud and civil litigation and administrative proceedings and has effectively represented other health care providers in a wide variety of litigation matters. Our attorneys often work closely with in-house counsel and health care lawyers from other law firms to provide a team defense approach in defending long-term care organizations under investigation.
Bingham Greenebaum Doll LLP’s long-term care clients often face challenges in collecting payment for services from state and federal insurance programs, including Medicaid and Medicare, or determining whether residents may qualify for such programs. Our attorneys are experienced advisors in these areas, including initiating appeals of Medicaid and Medicare eligibility determinations, and combating payment recoupment efforts.
Our attorneys have experience working with long term care administrators and staff to defend civil and criminal actions alleging neglect and abuse, wrongful death and violations of state “Resident’s Rights” statutes. These actions often involve litigation to enforce arbitration agreements, and our attorneys understand the principles necessary to draft and enforce such agreements.
Our long-term care litigation services include defense against the following:
- Neglect, abuse or mistreatment of, or other crimes against, nursing home residents
- Medicare, Medicaid or private insurance fraud
- Violations of the anti-kickback statute
- Controlled substance offenses, prescription fraud or other crimes by health care practitioners
- Violations of federal Food and Drug Administration statutes
- Other state and federal crimes
The firm’s representation of health care professionals extends throughout the country in both state and federal courts and at both the trial and appellate level. In addition to criminal defense of health care clients, the firm represents health care clients in civil litigation and administrative proceedings.
Bingham Greenebaum Doll LLP has a strong history of defending the interests of long-term care and senior living clients. Our experience and deep bench of legal services allow us to assist clients with their most complex health care and business challenges.