Regulatory Litigation

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 topics. Click here to review and download a copy of our most recent AHLA presentation.

Professional Licensure

We have represented nursing home administrators, nurses, pharmacists, social workers and others in investigations and appeals before licensure boards in several states.

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.