Ken Burgess

Advised skilled nursing facilities, assisted living communities, and related long term care vendors on licensure, certification, survey, fraud and abuse, operations, risk management, certificate of need and business issues.

Served as senior counsel to the national long term care trade association in Washington, D.C., where he was responsible for administering the association's legal assistance fund litigation, and overseeing all regulatory, facility operations, and clinical staff of the association.

Served as regulatory and policy counsel for numerous sales and acquisitions of skilled nursing facilities and assisted living communities in multiple states.

Represented national assisted living and skilled nursing facility provider in high profile licensure revocation action of multiple facilities in the state of Washington resulting in a favorable settlement and avoidance of involuntary de-licensure and permanent exclusion of the provider from the state.

Negotiated a national exclusion from music licensing fee requirements for assisted living communities across the U.S.

Served as the long term care industry representative on the first Negotiated Rulemaking Committee convened by the U.S. Department of Health and Human Services (HHS) to create safe harbors from the criminal provisions of the federal Anti-Kickback Statute.

Negotiated the first global settlement of multiple facility licensure and certification survey citations in California with the state Department of Health Services and the California Attorney General.

Assisted California provider in defending one of the earliest quality of care fraud actions, including negotiating with the federal Office of the Inspector General (OIG) to develop the provider's corporate compliance agreement and related settlement documents.

Developed comprehensive advance directive policy for North Carolina long term care providers after enactment of the Patient Self-Determination Act.

Represented state and national trade associations, and individual providers, on various issues impacting long term care providers, including negotiations with and representation before OSHA, the federal OIG, the HHS Center for Medicaid and Medicare Services, and state licensure and survey agencies.

Worked with state trade association, providers, and national accrediting organizations to develop assisted living accreditation standards.

Assisted an operator of health care facilities in obtaining exemptions from Certificate of Need (CON) requirements. Represented the operator in two contested CON applications and appeals.

Represented the owner of six skilled nursing facilities in a lawsuit against its tenant for breach of the leases. Following settlement, assisted the owner in negotiating and implementing an operations transfer agreement to take over operations from the tenant.