Senior Living

We are in the midst of the greatest Senior “population boom” in history—and it is not only the numbers that are unprecedented. The way that this generation is aging is also unique.  Demands for active lifestyles, intellectual stimulation and broader community connection are paired with real innovation in the creation of housing and communities designed for this vital cohort. Hinckley Allen is highly attuned to the needs of those serving this market—particularly in the Senior Living sector, where so many of the disciplines our firm is known for intersect, such as: Real Estate, Corporate & Governance, Health, Financing, Taxation, and Construction.

SOLID REPRESENTATION IN A DYNAMIC Environment

Our Professionals

The broad array of services we offer to our senior living clients at all stages of their lifecycle includes:

 

Corporate Structures and Transactions

Establishing and managing an enterprise in the Senior Living industry often involves sophisticated transactions and agreements surrounding the establishment of an enterprise serving seniors.  We ensure these transactions are executed efficiently and comprehensively.  We advise on all legal matters, including:

  • Nonprofit, for-profit, and hybrid nonprofit/for-profit joint ventures
  • Branding and intellectual property rights
  • Mergers and acquisitions
  • Affiliations and partnerships (including among providers and payers)
  • Tax-exempt bond and other financing arrangements
  • Professional service agreements

 

Real Estate matters

We represent Senior Living organizations in connection with real estate matters both regionally and nationally, including:

  • Real estate expansion programs
  • Land acquisitions
  • Leasing
  • Environmental
  • Land use permitting

 

Financing, Construction and Development

Our lawyers represent lenders and borrowers in the full range of construction and real estate financing transactions, and asset based lending throughout the United States, including:

  • Complex multi-state financings
  • Large portfolios of properties regionally and nationally

 

Senior Living operations

The daily operation of a Senior Living facility involves myriad legal matters—any of which can have a significant impact.  We work diligently to protect our clients’ businesses in critical matters, including:

  • Residency agreements
  • Admissions policies and agreements
  • Tax-exempt and charitable organization matters
  • Corporate governance
  • Labor and employment Law
  • Health care reform initiatives
  • Health care delivery issues, including telemedicine, genomics, and clinical research matters
  • Payer contracts
  • Reimbursement issues
  • Payment in lieu of property tax (PILOT) negotiations

           

Regulatory compliance

Every day, Senior Living operations face new regulations and oversight.  Whether you’re working to influence new laws, or facing court action around current regulations, our team is at your side. As the rules change and evolve, we work to make sure your interests are preserved and protected.  We can help with:

  • HIPAA/HITECH, Stark, fraud and abuse,
  • Affordable Care Act compliance and state law issues
  • Regulatory investigations, repayment determinations, self-reporting, and settlement
  • Legislatively-mandated insurance programs
  • Clinically-integrated networks (e.g. FQHCs and other community health providers)
  • Licensing and certificate-of-need matters
  • Professional licensing board disciplinary matters
  • Reimbursement program participation and payment issues
  • Policy review and revision for federal and state law compliance
  • Cy pres and mission deviation petitions

 

To learn more about our Senior Living practice, please contact our Practice Group Chair: Mark S. McCue.