Long-term Care Facilities

We serve our long-term care facility clients, especially nursing homes, by taking a multidimensional approach. Our representation of the trade organization of New Hampshire’s nursing homes in state government and before the Department of Health & Human Services has given us a deep appreciation of the hurdles faced by long-term care providers. In addition to assisting our clients with their dealings with state regulators on matters such as Medicaid compliance surveys and Medicaid rates, we also work in the state legislature on behalf of the nursing home industry as a whole to help shape the laws themselves. We also have extensive experience in collections for long-term care facilities.

Our Services

We have assisted our long-term care clients in various areas, including:

• Groundbreaking legislative initiatives providing causes of action for:
  • (i) negligent failure of a fiduciary to apply for Medicaid;
  • (ii) failure to pay the patient liability amount;
  • (iii) the receipt of transfers resulting in asset transfer penalties;
  • (iv) facilities to request the appointment of a “special Medicaid representative” with the authority to complete and prosecute a Medicaid application.
• Providing collections services with an eye to the particularly important public relations and privacy concerns of care facilities.
• Advising long-term care facilities on admission agreements, intake procedures, financial disclosures, and virtually all other aspects of the long-term care profession.
• Challenging changes to the State’s Medicaid rate-setting methodology for nursing homes resulting in a New Hampshire Supreme Court opinion invalidating these changes and potentially requiring millions of dollars in reimbursement.
• Providing government relations services to the New Hampshire Health Care Association, the trade organization for the State’s nursing homes and many assisted living facilities. These efforts have resulted in increased funding and protection of nursing homes’ Medicaid funding from diversion to other programs.
• Acting as defense counsel in various medical malpractice claims.