Long Term Care

Long-term care providers face distinctive challenges because of the extended time that care is provided, the complex relationships that develop between providers, residents and residents’ families, the expectations of the baby boomer generation regarding the quality of services and the media challenges that such providers face daily.

As a result of representing a broad range of nonprofit and for-profit long-term care providers over the last 20 years, Clark Hill attorneys possess the necessary experience and backgrounds to assist long-term care providers to maintain the balance between resident care and regulatory oversight. The dedicated team focuses on representing skilled nursing facilities, assisted living facilities, board and care facilities, home health and services providers, and hospice care providers in civil lawsuits that include claims of elder and dependent adult abuse/neglect, medical malpractice, wrongful death, violation of patient rights, negligent hiring, training and supervision, fraud, etc. Plaintiffs in these cases are looking to recover general damages, damages for pre-death pain and suffering, statutory penalties for violations of patients’ rights, attorneys’ fees, and punitive damages.

The wide range of services provided by our long-term care attorneys also includes:

• Handling resident rights complaints, complaint investigations instituted by state and/or federal agencies, plans of correction, and survey appeals.
• Helping to comply with privacy, security, and breach notification requirements for healthcare data under HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH) and applicable state laws.
• Explaining to patients/residents/consumer and their family members the limits of what can be done for patients/residents/consumers with multiple medical issues.
• Creating and executing plans of correction resulting from complaint investigations and surveys and maintaining compliance with those plans.

Our attorneys can also assist clients with certificates of need, Medicare and Medicaid reimbursement issues, and medical staff relationships.

We can also assist with acquisitions and sales of facilities, labor and employment issues, and vendor or supplier contracts, among other legal issues unique to long-term care providers.