Overview

In recent years, the long-term care and senior living industries have seen increased regulatory pressure, market-driven consolidation and a shift in consumer demands and the types of services expected. As the environment for long-term care and senior living has grown more complex, so have the associated legal issues.

McDonald Hopkins brings national experience, developed over several decades, representing numerous healthcare providers, including independent senior living, assisted living and skilled nursing facilities, and continuing care retirement communities (CCRCs). Our experience and expertise ranges from day-to-day operations to out-of-the-ordinary transactions, such as a sale or reorganization.

Our services to long-term care and senior living clients include:

Experience

  • Representation of a large CCRC in negotiating its separation from a large hospital system and commencing operations as an independent entity. In this representation, the firm also negotiated the terms of various financing agreements, which included $14.28 million of hospital facility bonds and approximately $36 million of bank financing.
  • Development of HIPAA and fraud and abuse compliance plan for hospitals, long-term care facilities, physicians, laboratories and other healthcare facilities and providers.
  • Restructuring a CCRC, resulting in the successful confirmation of a chapter 11 plan of reorganization.
  • Representation of a creditors’ committee for a CCRC that filed for chapter 11 relief, which included negotiating with parties in interest to secure a distribution to the unsecured creditors and the continued operation of the CCRC.
  • Representation of long-term care facilities, hospitals and physicians in employment litigation, including claims of race, age, sex and handicap discrimination.
  • Representation of long-term care facilities, hospitals, physicians and other healthcare facilities and providers in the defense of professional liability and tort claims.
  • Sales of assisted living facilities to various purchasers.
  • Representation of two Ohio-based distressed nursing facilities in the successful sale and transition of operations.
  • Preparation of residential contracts of long-term care facilities.

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