Long-Term Care

We serve for-profit, not-for-profit, owner, operator, and management company clients as advisors and advocates. Our experience includes compliance, risk management, policy and procedure review, arbitration, and litigation concerns.

We partner with our client communities to address and solve their legal and business needs, implement action plans, and accomplish their goals through a full spectrum of legal services.

Regulatory Compliance and Review

We recognize that your primary focus is on the health and well-being of your residents. Allow us to be the strategic partner to handle your regulatory and litigation needs. We understand the high stakes associated with regulatory review, and our goal is to lighten your regulatory load.

• We advise our clients and advocate for them through agency reviews and appeals.
• We counsel clients on all aspects of the Health Insurance Portability and Accountability Act (HIPAA) and on cybersecurity concerns arising with electronic records.
• We help clients develop documentation and notification of privacy practices that meet regulatory standards.
• We counsel clients through and establish action plans for data security breaches.
  We are available for on-site reviews and interaction with regulatory agents to protect your communities’ interests and rights.

Litigation, Medical Malpractice Defense, and Board Complaints

Our attorneys appreciate the increasing focus on long-term care communities as litigation targets .

We work with you to devise a litigation plan that includes resolutions that are in your business interests. We also understand that preventing litigation through training sessions and risk management is often in your best interests. Accordingly, we work with you to establish best practices and policies and are available to train management and staff.

We also represent our long-term care clients through Board investigations and formal and informal conferences with the Department of Health Professions and the Department of Social Services.

Our team has resolved, litigated, mediated, and arbitrated hundreds of cases that include, but are not limited to the following:

• Pressure ulcers
• Falls
• Resident abuse
• Medication errors
• Fraud
• Contract breach
• Premises liability
• Consumer protection act claims

Labor & Employment

We understand that the long-term care industry is labor-intensive. Our team is well-prepared to assist you through the varied employment law demands imposed on you. Our Labor & Employment team will work closely with you to solve your employment issues because we appreciate that your employees are your front line for senior care services.

Our attorneys have litigated, mediated, and arbitrated employment cases for long-term care clients on matters including:

• Wrongful discharge claims
• Wage-hour and Fair Labor Standards Act claims
• Discrimination claims

Our team also advises and drafts policies protecting communities and employees on hiring practices, privacy, drug testing, discipline and termination, and many other employment matters. We also evaluate and advise on existing employment policies and offer staff and management training.

Corporate & Business Services

Our Health Law team recognizes your industry has been in a state of flux over mergers, acquisitions, management of assets, and business structure. We advise and work with long-term care communities through mergers, acquisitions, sales, restructuring, and other major transactions with the goal of protecting their assets. We also advise on tax consequences of these transactions.

We prepare and file corporate documents and provide full legal services for real estate transactions, zoning, and lease agreements. We also assist our communities with negotiating and drafting contracts, including CCRC resident agreements.

Our experience includes provide representation and advice in transactions such as

• Acquisition of Section 8 housing and memory care facilities

• Development of a rehab hospital and behavioral health facility

• Purchase of assisted and independent living campus

• Organizing a for-profit pharmacy to serve skilled, assisted and independent living campuses

• Separation of skilled and assisted living facilities for purchase by different buyers

• 2023 Defense verdict in Lynchburg City Circuit Court in assisted living case involving four falls, hip fracture and C2 vertebra fracture.
• 2021 case in which resident was found by hospital to have STD was not filed after information provided to opposing counsel showed condition pre-existed admission.
• 2021 Arlington negligence case against independent living facility dismissed based no duty in landlord-tenant relationship.
• 2020 Nottoway assisted living case Virginia Consumer Protection Act claim dismissed for lack of standing.
• 2019 resident rape case reversed by Supreme Court of Virginia in defendant’s favor on employee acting outside scope of employment.
• Provide tax and employee benefit advice to long-term care client selling all assets of two campuses in 2023.