Our Long Term Care Industry Service Team
Our representative experience is extensive and includes the following:
Baker Donelson's attorneys work with facilities to develop policies, procedures and strategic plans designed to minimize or avoid litigation. If litigation becomes unavoidable, we employ early case resolution methods such as mediation, settlement or arbitration. Should the matter proceed to trial, our attorneys are licensed in more than 30 states and have tried cases in virtually every jurisdiction. We defend the full gamut of claims, including abuse and neglect, medical malpractice, slip and falls, and violations of federal and state regulations. Our team represents long term care facilities in survey appeals. We also manage litigation and discovery for our clients, overseeing other outside counsel in the defense of claims.
Our team provides regulatory advice under both state and federal law, including guidance regarding participation in Medicare, Medicaid and other governmental reimbursement programs, as well as RAC audits and state certificate of need laws.
We regularly advise long term care clients about compliance with Medicare and Medicaid fraud and abuse laws, and we work with clients to develop effective corporate compliance programs to prevent, detect and correct fraud and abuse.
Fraud and Abuse
We represent long term care clients in fraud and abuse investigations conducted by the Department of Justice, U.S. Attorneys' offices, the Office of the Inspector General at the U.S. Department of Health and Human Services, and state Medicaid fraud enforcement authorities. The work our attorneys provide on such cases includes assisting clients with internal investigations of possible violations, defense of grand jury subpoenas and proceedings, defense of search warrants, negotiations with prosecutors, and handling criminal pleas, trials and sentencing.
Labor and Employment
Baker Donelson attorneys regularly counsel long term care employers on compliance with federal and state labor and employment laws, as well as wage and hour issues, noncompetition agreements, breach of contract, employment discrimination and wrongful termination. We also handle claims brought before the Equal Employment Opportunity Commission, the Department of Labor, and state and local agencies. Our team's knowledge also extends to special areas governing long term care employers, including ERISA compliance and litigation governing all forms of employee welfare benefits plans, immigration matters, OSHA-compliant safety and health procedures, and minimizing the threat of union organizing activity.
Acquisitions, Sales and Development
The acquisition and sale of long term care facilities requires specific knowledge of business and regulatory issues to accomplish the transaction while protecting the parties from unanticipated delays and potential liabilities. Experienced counsel can anticipate possible problems, saving the client time and expense, as well as often preventing problems in a transaction.
Our experience includes asset and stock acquisitions, joint ventures and a myriad of other combinations. We also have the experience necessary to meet the challenges involved in the development and construction of health care facilities. Developers can benefit from counsel experienced in navigating the overlapping maze of regulatory issues specific to health care facilities.
Our long term care team has served as counsel to lenders and borrowers on a wide range of financing transactions, including traditional mortgage financing, securitization/commercial mortgage-backed securities, equipment leases and loans, accounts receivable financing, sale-leaseback transactions, Fannie Mae and Freddie Mac loans, and seller financing of facilities. We have also assisted tax exempt clients in borrowing funds through the issuance of tax exempt bonds, including bond authority approval, trust indentures, loan agreements, security agreements and other bond documents.
HUD-Insured Financing Transactions
We are one of the few law firms in the U.S. with a practice dedicated to assisting lenders and borrowers in HUD-insured loans. We have served as counsel in more than 200 of these loans for lenders and borrowers, totaling more than $1 billion. Our team has the experience that borrowers and MAP lenders require to navigate around the pitfalls and opportunities involved in HUD transactions, including HUD-insured financing transactions under Sections 223(f) for senior housing facilities and 232 of the National Housing Act for nursing home and assisted living facilities, transfers of physical assets of facilities with existing HUD financing, and acquisitions of HUD-foreclosed properties. We have relationships with attorneys and staff in more than 25 HUD hubs and field offices throughout the nation, having closed HUD loans on-site in Los Angeles, Boston and many HUD offices in between.
Distressed Assets and Creditors' Rights
Our team has extensive experience representing lenders and servicers on defaulted long term care loans. We have been involved in major long term care bankruptcies throughout the country, and have handled workouts involving long term care properties in more than 35 states and several countries. Our attorneys routinely handle litigation and transactions relating to bankruptcy, insolvency, loan workouts, receiverships, collections, repossessions, foreclosures, lien disputes and other matters affecting debtor/creditor relationships in the long term care market.