Survey and Enforcement Appeals
We are nationally recognized as leading experts
in appeals of enforcement remedies before the Departmental Appeals Board of
the U.S. Department of Health and Human Services. We have litigated more
than 200 such cases on behalf of large and small for-profit and
not-for-profit providers, including most of the large national nursing
facility chains, several hospitals, and many regional and local companies.
Because of our unmatched experience, we are able to prepare and file appeals
very efficiently, and we have agreed to predictable “flat rate” fee
arrangements with a number of our clients. Please feel free to call or
e-mail for details.
We also frequently assist clients to prepare for surveys, including staff
training; to review and respond to statements of deficiencies; to prepare
and present informal dispute resolutions; and to assess whether appeals
would be justified and cost-efficient. We also assist many clients in
responding to state licensure and enforcement matters. During the late
1990's, we pioneered the use of federal temporary restraining orders in more
than a dozen cases to interrupt unwarranted “terminations” of nursing
facilities from the Medicare and Medicaid Programs.
Recently, as state enforcement activities related to assisted living
facilities have increased, we have represented assisted living facilities in
enforcement cases in several states.
We also present the enforcement program annually at the American Health
Lawyers Association program on Long Term Care and the Law, and have
presented many lectures, training sessions and articles on enforcement
here to review and download a copy of our most recent AHLA
We have represented nursing home administrators, nurses, pharmacists, social
workers and others in investigations and appeals before licensure boards in
Certificate of Need
We have litigated more than 80 certificate of need cases in more than a
dozen states during the past 20 years for a variety of hospital, long term
care, substance abuse, radiology, and other providers. Because of our long
familiarity with the CON process, we frequently analyze CON requirements and
assist in strategy, applications, and negotiations in connection with
acquisitions and development.