We have more than 25 years experience in representing long term care providers, and frankly have seen just about every conceivable unusual event. Clients frequently call upon us to conduct confidential or privileged investigations of sentinel events, suspected criminal activity, etc. It is not unusual for us to receive a call from a client regarding a serious incident or employee issue, and to have a lawyer or consultant on site the following day. Given the significant recent restrictions on “in-house” attorney-client privilege, we encourage clients to retain us quickly in such cases. We have led or assisted local counsel in numerous criminal investigations in several states.
Compliance and Fraud and Abuse.
We have assisted in developing corporate compliance plans for a variety of national, regional and local companies. We frequently provide compliance advice to clients regarding specific transactions, contracts or arrangements, and we assist in structuring transactions to comply with applicable laws and regulations. We have conducted several investigations of potential fraud and abuse problems.
We frequently assist providers with operational matters, including survey advice, advance directives, admission contracts, managed care contracting, antitrust issues, and state regulatory compliance. Our attorneys wrote the American Health Care Association’s Guide to Managed Care Contracting.
Regulatory Research and Advice
We regularly advise and assist clients regarding a wide variety of licensure, certification, reimbursement, change of ownership, and similar regulatory matters. We assisted a national nursing facility provider to structure and obtain Department of Justice approval for the first nursing facility preferred provider network in the country. We frequently advise national and state provider associations regarding regulatory policy matters.