A long-term commitment to excellence in the aged care sector

Hinshaw’s aging services team focuses on the specialized needs of business owners and operators in this highly regulated, rapidly expanding sector of the healthcare industry. Our experienced attorneys work exclusively with a broad spectrum of providers, including:

• nursing homes
• assisted living and residential care facilities for the elderly (RCFE)
• skilled nursing facilities
• continuing care retirement communities (CCRC) and independent living communities
• home health, home care, and hospice agencies
• insurers
• trade associations

We have the resources, bench strength, and experience to help clients develop and implement effective risk management strategies, pursue new business opportunities, respond to agency investigations, and manage litigation. Hinshaw is one of the few national law firms providing a full suite of legal services to aged care companies and investors, including:

dispute resolution | regulatory compliance | labor and employment | corporate transactional

Our team is actively involved in a number of leading industry organizations, including LeadingAge, Home Care Association of America, and California Assisted Living Association (CALA). We speak and write frequently on issues impacting the industry, such as regulatory developments, litigation trends, ethics, contract risks, workplace safety, culturally appropriate care, risk transfers, and more.

Applying litigation best practices 

We are acutely aware that litigation is a significant concern for aging services providers. Our deep understanding of the aged care sector allows us to offer tailored legal advice. Our team has a track record of successfully representing business owners, operators, and executives in a broad range of disputes, including patient care, professional liability, personal injury, labor and employment, and contractual matters. We emphasize a proactive approach and a vigorous defense focused on resolving conflicts efficiently and effectively, whether in settlement negotiations, mediation, arbitration, or court. We are admitted to practice or have been granted admission to practice pro hac vice in nearly two dozen states.

Delivering proactive regulatory compliance counsel

Our team is adept at navigating federal and state regulations in jurisdictions nationwide, helping clients maintain compliance with relevant federal and state laws and regulations. Our representation before regulatory agencies includes the defense of enforcement actions before both state departments of public health and CMS, prosecution of involuntary discharge matters, as well as stakeholder negotiations in legislative issues impacting the industry.

We also assist in structuring operations and policies to comply with regulatory standards, federal value-based purchasing (VBP) programs, state licensing requirements, and more, thereby mitigating risks, ensuring uninterrupted service delivery, and streamlining reimbursements.

Our team also helps clients navigate complex financing matters concerning portfolios and has deep experience with development projects. This includes both senior housing and reuse and renovation projects.

Helping businesses manage labor and employment matters

As the population of those needing aging care increases, there has been an increased focus on patient safety and quality care. At the same time, labor markets remain tight, and federal and state regulations are increasing the demands on service providers. We help clients develop and implement policies that comply with relevant employment laws, provide advice on wage and hour issues, and represent clients in employment litigation. Our team drafts employment contracts, handbooks, and industry-specific policies to comply with best practices; provides staff and management training; negotiates labor disputes; handles employee discipline and separations; and advises clients on hiring and staffing regulations and leave management.

Pursuing intelligent growth and business-succession strategies

The aged care industry is dynamic, with frequent mergers, acquisitions, and other corporate transactions. A number of facilities are family-owned or privately held or focus on specific populations, including LGBTQ+ communities, which can give rise to sensitive business succession and leadership transition issues. Our team facilitates such transactions through effective pre-transaction due diligence, regulatory compliance, valuations, and deal negotiations. We also provide ongoing, day-to-day legal counsel concerning contract negotiations, including vendor and franchise agreements, as well as corporate governance matters.

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