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Long-term Care and Senior Living
Long-term Care and Senior Living

Long-term Care and Senior Living

Breazeale, Sachse & Wilson, L.L.P. advises private and public long-term care and senior living providers on a variety of matters. Our industry group includes attorneys with extensive experience in multiple aspects of the legal and financial services that are specific to the assisted living industry, including acquisition and development of new facilities, regulatory compliance and operations, labor and employment, litigation, and administrative hearings. Our primary goal is to help our clients be as successful as possible in their endeavors to care for a growing senior population and their families. With our unique team approach, we are able to offer our clients in this industry the full spectrum of legal representation.

Our long-term care practice attorneys regularly help providers facing emergency situations, such as government investigations, allegations of resident abuse or neglect, or instances of alleged “immediate jeopardy” and the threat of decertification. We have conducted incident investigations, prepared and implemented effective responses, and assisted long-term care providers with issues involving residents and families, such as resident discharge, complaints, or reports. Our team also provides training to facilities to ensure compliance with federal and state laws.

Administrative Hearings
Labor and Employment
Licensing and Provider Enrollment
Litigation
Regulatory Compliance
Business Transactions and Opportunities

Administrative Hearings

Experience with a myriad of administrative hearings including:

  • licensing
  • zoning
  • reimbursement
  • appeals (including appeals of deficiencies from the Louisiana Department of Health)

Successfully representing providers at all levels of administrative proceedings:

  • surveys
  • audits
  • payment disputes
  • licensing disputes before the Division of Administrative Law adverse to the Louisiana Department of Health

Labor and Employment

A comprehensive approach to a variety of employment situations, such as:

  • EEOC charges
  • OSHA charges
  • DOL investigations
  • facilities dealing with union workers or organizing attempts
  • sexual harassment and retaliation claims
  • wage & hour claims
  • supervisor training

While the majority of labor and employment law is uniform across a multitude of industries, we understand there are unique challenges facing our clients in the long-term care and senior living industry and work diligently to provide tailored advice and representation for each client’s specific needs.

Licensing and Provider Enrollment

We assist providers in evaluating and obtaining guidance on particular licensing requirements and have been successful in obtaining waivers of certain requirements for the benefit of our clients. We also assist clients with:

  • licensing applications and requirements
  • certification applications and requirements
  • filings
  • ownership changes and information
  • relocation
  • bed changes 

Litigation

Working closely with clients to determine the best route to success, our team has handled matters including:

  • medical malpractice claims
  • liability disputes
  • premises liability
  • workers’ compensation
  • personal liability
  • property damage
  • construction
  • director’s and officer’s liability
  • other professional liability
  • contract disputes
  • alternative dispute resolution
  • mediation and arbitration

Regulatory Compliance

Relating to the operation of long-term care and senior living facilities, BSW attorneys have represented clients faced with regulatory compliance issues such as:

  • compliance planning
  • governmental regulations
  • Medicaid and Medicare enrollments, overpayments and fraud claims
  • surveys and certification issues
  • licensure and tax issues
  • CHOW requirements
  • government investigation
  • enforcement
  • claims under state and federal regulations

Our attorneys also have extensive experience in dealing with claims brought under state and federal regulations against the long-term care industry.

Business Transactions and Opportunities

From mergers and acquisitions to a multitude of business transactions and financing arrangements, we have helped clients with:

  • mergers and acquisitions
  • financing arrangements
  • purchases and sales of businesses
  • traditional bank financing
  • HUD financing
  • public financing including bond issuances
  • tax credit financing (including New Market Tax Credits)
  • zoning
  • real estate matters (including sales and leasing)

Background and Experience

  • Facilities
    • Adult Day Care
    • Assisted Living Communities
    • Continuing Care Retirement Communities
    • Hospice & Respite Care
    • Long-term Care
    • Nursing Home Facilities
    • Residential Care Facilities
    • Senior Living Facilities
    • Skilled Nursing Facilities
    • Independent Senior Living Facilities