Health care is one of the most highly regulated industries in the United States, and Arent Fox has experience in navigating this challenging landscape. We advise clients on the regulatory implications of dispositions and acquisitions of long term care and senior living facilities and long term care and senior living companies. The long term care and senior living team’s regulatory lawyers work to ensure that sale/leaseback arrangements, the provision of health care services to long term care and senior living facility residents, and vendor/service agreements are structured appropriately under applicable law.
We assist clients in satisfying applicable state licensure requirements, Medicare/Medicaid regulations, federal and state fraud and abuse standards, corporate practice guidelines and fee-splitting laws. To this end, we have developed contacts in regulatory agencies across the country. Among other regulatory services we provide is assisting clients with Medicare/Medicaid enrollment and reimbursement issues to minimize successor liability and cash flow problems. We counsel providers on federal and state survey and certification processes, including analysis of deficiencies, informal dispute resolution, plans of correction, and strategies for dealing with follow-up surveys. In sum, our regulatory lawyers provide on a daily basis effective counseling on the full range of regulatory issues faced by our long term care and senior living clients.