Skip to Main Content

Industries Senior Living

Industry Overview

Studies report the number of Americans over 80 will double in the next two decades. The effect that this phenomenon will have on everything from healthcare to housing stock and tax law cannot be overestimated. While the “Silver Tsunami” demographic varies greatly in terms of health, income, and lifestyle/housing preferences, some trends, in terms of longer lifespans, more active lifestyles and growing economic disparities can already be tracked. These will have far-reaching implications in areas from finance, construction, and real estate to government, employment, and healthcare.

Our Approach

We represent continuing-care retirement communities, stand-alone nursing homes, assisted-living facilities, and other stakeholders in the industry. We advise senior-living clients on complex corporate structures, tax-exempt financings, licensing and regulatory matters, labor and employment, construction, branding, and intellectual property rights. We provide counsel around reimbursement issues, PILOT negotiations, federal and state tax, and charitable requirements—along with informed business and strategy advice, that is designed to safeguard our clients’ interests and prepare them to meet ongoing growth and opportunities.

Newsroom

Case Study

Represented The Prospect-Woodward Home in Its Sale of a Nonprofit Continuing Care Retirement Community

March 29, 2024

Hinckley Allen represented The Prospect-Woodward Home ("Prospect-Woodward"), a nonprofit organization that commenced operations of a senior living facility in 1874. When the Prospect-Woodward Board of Trustees recognized that its facility no longer met the needs of older adults, it engaged us to negotiate a merger with a similarly-situated facility so that the combined endowment funds could be leveraged into a $93 million tax-exempt bond financing to fund the construction of a new continuing care retirement community.The community is located on a 66-acre campus and consists of 140 independent …

Publication

CMS Announces New Proposed Rules for Disclosure of Nursing Facility Ownership

February 17, 2023

On February 13, 2023, the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule affecting Medicare skilled nursing facilities (SNF) and Medicaid nursing facilities (“Nursing Facilities”).  The proposed rule aims to implement certain aspects of section 6101 of the Affordable Care Act, including changes to ownership information reportable to CMS by Nursing Facilities.At a broad level, the proposed rule seeks to improve transparency and quality of care in Nursing Facilities, as a result of increased private equity ownership in Nursing Facilities. Requiring nursing fac…

Publication

“Patients First” Law Brings New Fines, and Potential Discipline for Health Care Industry

January 7, 2022

On January 1, 2022 certain provisions of the Massachusetts “Patients First” law[1] (the “Patients First Act”) went into effect that require advance notice to patients of a provider’s network status and estimated costs of care. These new requirements have significant implications for patient billing by doctors, hospitals, and other health care providers, defined in the law[2]. On January 3, 2022, the Massachusetts Department of Public Health (DPH) issued further clarifying information about these new requirements, as summarized below.

Publication

New Health Care & Senior Living Relief Funding under the PRF program

September 17, 2021

On September 10, 2021, the United States Department of Health and Human Services (“HHS”) announced “Phase 4” of funding under the Provider Relief Fund (“PRF”) program. In Phase 4 of the PRF program, HHS will make available $17 billion dollars of relief payments to eligible health care providers. Eligible providers include academic medical centers, acute care hospitals, primary care physician practices, assisted living facilities, dental providers, home health agencies, nursing homes and skilled nursing facilities, and outpatient clinics such as urgent care centers and dialysis cent…

Visit Our Newsroom