Long-Term Care
Overview
Locke Lord’s Long-Term Care Section offers skilled nursing facilities, home health agencies, assisted living facilities, hospice providers and other long term care facilities throughout the United States with the kind of experienced, sophisticated and cost-effective representation needed to overcome the distinctive legal challenges impacting the long-term care industry. This includes employment counseling to regulatory and compliance advice to transactional representation, to defense of single plaintiff and complex litigations as well as government investigations or administrative hearings.
Our practice encompasses:
- Defending Class Actions in connection with Wage and Hour/Overtime/Meal Break claims in court and in arbitration;
- Defending False Claim Act/Qui Tam Actions;
- Resolving survey challenges, and related settlement negotiations and appeals;
- Advising on OSHA and wage and hour regulation;
- Consulting on and Defense of licensing revocation proceedings;
- Traditional labor counseling;
- NLRB and related court proceedings;
- Assisting with response to state and federal audits, including by the Office of Federal Contract Compliance Programs (OFCCP), Medicaid and Medicaid waiver contracts and Medicaid Program Integrity Contractor audits;
- Executive retention, compensation and separation advice and negotiation;
- ADA, ERISA, HIPAA and HITECH compliance counseling;
- Regulatory compliance counseling;
- Structuring, documenting and negotiation mergers and acquisitions involving long-term care industry clients;
- Assisting with preparing, filing and monitoring change of ownership applications and filings following a merger or acquisition; and
- Defending single plaintiff claims in court and in arbitration.
Representative Experience
- Defending long-term care facilities against claims of sexual harassment, retaliation and wrongful termination.
- Defending a skilled nursing facility in defense of False Claims Act Litigation in Illinois.
- Representing a national hospice chain in license revocation proceedings.
- Representing a large publicly traded owner and operator of assisted living facilities on health care regulatory matters arising in mergers and acquisitions, including change of ownership filings.
- Defending a senior living community in wage and hour class action in New Jersey.
- Defending a California skilled nursing facility in wage and hour class action.
- Advising multiple regional home health agency companies across the United States on compliance, regulatoryand Medicare/Medicaid payment matters.
- Representing a regional home health agency company on a compliance investigation and potential repayment involving a Medicaid waiver program.
- Representing a statewide home health agency in a Medicaid Integrity Contractor audit.
- Preparing and implementing HIPAA compliance policies and procedures for long term care industry clients.
- Advising on the updating, preparation and implementation of compliance programs for long term care industry clients and ongoing monitoring.
- Representing clients when compliance concerns are identified.
Publications
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