Senior Housing and Care
Senior Housing and Care
For more than six decades, our firm has been a national leader in the senior care and housing sectors. Today, we serve as general or special counsel to hundreds of clients in these essential and evolving sectors.
Our attorneys are nationally recognized for their leadership in this field. We frequently speak at conferences throughout the country and write articles for state and national publications. We draft legislation and serve on key state task forces. In fact, one of our partners wrote a widely respected treatise on senior housing and care facilities. Many of us play key leadership roles in organizations including the American Bar Association Health Section, American Seniors Housing Association, LeadingAge, Argentum, the California Assisted Living Association, and LeadingAge California.
Experience
• Licensing and Regulatory Matters
• Contracting
• Operations
• Business Transactions
• Competency Issues
• Corporate and Tax Matters
• Employee Benefits
• Fair Housing and ADA
• Financing – Taxable and Tax-Exempt
• Insolvency and Bankruptcy
• Insurance Coverage
• Intellectual Property
• Labor and Employment
• Land Use and Local Regulation
• Leasing
• Legislative and Administrative Advocacy
• Litigation and Dispute Resolution
• Mergers, Affiliations, and Dissolutions
• Nonprofit Board Governance and Tax
• Privacy, Security and Data Breaches
• Property Acquisitions and Sales
• Public/Private Partnerships
• Trusts and Estates
Representative Clients
• Continuing care retirement communities (CCRCs) aka life plan communities
• Assisted living communities
• Skilled nursing facilities
• Independent living communities
• Affordable housing providers
• Hospices
• Home health agencies
• Home care agencies
• PACE providers
• Intermediate care facilities
• Adult day care providers
• Trade associations
• Foundations
• For-profit and nonprofit organizations
• Cooperatives and condominiums
• Management companies
• Developers, investors, and lenders
• Private and publicly traded companies
Key Contacts
News & Resources
Federal Judge Vacates Key Provisions of CMS’s Nursing Home Staffing Mandate
The U.S. District Court for the Northern District of Texas vacated two key provisions of CMS's 2024 nationwide staffing mandate, the requirements that SNFs have a registered nurse onsite 24/7 and the onerous federal minimum staffing ratios.
SB 1451 Updates Some Requirements for 103 and 104 Nurse Practitioners
New California law clarifies transition to practice and disclosure requirements for 103 and 104 Nurse Practitioners.
New California Laws Prohibit Medical Debt Reporting and Require New Disclosure Language
California SB 1061 prohibits reporting of medical debt to consumer reporting agencies and requires disclosure of the reporting prohibition in contracts. Violations of the new law render contracts void and unenforceable.
CMS Ditching the Facility-Initiated Discharge and Ramping up Potential Penalties
Moving into 2025, CMS has noticed comprehensive revisions to its surveyor guidance, which are set to go into effect in February 2025. Skilled nursing facilities will need to prepare for these changes.
New Reappraisal Requirements for Residential Care Facilities for the Elderly
California residential care facilities for the elderly (RCFEs) face significant changes to their resident reappraisal requirements starting on January 1, 2025. These changes establish new standards for when and how RCFEs must evaluate their residents.
Regulatory Change Requires RCFEs to Include Firearms Policy in Admission Agreements
Effective January 1, 2025, regulatory changes will require all Residential Care Facilities for the Elderly (RCFEs) to include a firearms policy in their admission agreements. This new requirement applies whether the facility permits or prohibits firearms.
Ninth Circuit Affirms CCRC’s GAAP Accounting Method for Recognizing Deferred Entrance Fees
Partner Fred Weil explains how the Ninth Circuit held that a Continuing Care Retirement Community’s accounting method for deferred entrance fees complies with the Generally Accepted Accounting Principles (GAAP), affirming a U.S. Tax Court ruling in favor of an entity operating a retirement community. This article offers important lessons for operators of for-profit retirement communities whose rights to income are conditioned on their performance, especially when providing care for residents for the rest of their lives.
AB 2347 Will Give Defendants More Time to Respond to Eviction Lawsuits
Under AB 2347, as of January 1, 2025, tenants will have more time to respond in California eviction proceedings, and demurrer procedures will change.
Things Providers Need to Understand Regarding Surrogate Decision Makers
Allan Jergesen of Hanson Bridgett dives into five things providers should keep in mind while determining legal authority.
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